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SUBJECT INDEX U |
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The texts reproduced here do not have the legal standing of the original documents which are entrusted and kept at the WTO Secretariat in Geneva. |
UN: see United Nations UN Economic and Social Commission for Asia and the Pacific/Asian Development Bank/WTO relationship, Agreement (2004) WTO 134 UN Industrial Development Organization, WTO, agreement with (2003) WTO 134 obligation to cooperate with (Doha Declaration) WTO, agreement with (2003) WTO 134 Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU): see Dispute Settlement Understanding (DSU) UNEP, WTO, agreement with (1999) WTO 134 unforeseen developments: see safeguard measures (SG/GATT XIX), conditions (SG 2), “as a result of unforeseen developments” (GATT XIX:1(a)) unilateral action by Member, prohibition (DSU 23.1) SCM 423, DSU 779–80, 786 examples of excluded actions (DSU 23.2) DSU 780 United Nations, WTO, Cooperation Agreement with WTO 134 ATC safeguard measures (ATC 6), TMB discussion ATC 6, 9, 25, 70–2 Enabling Clause notifications GSP schemes GATT 31 special treatment of least-developed country Members GATT 40 AD, Annex II and AD 376 quantitative restrictions, elimination (GATT XI) and GATT 397 US — 1916 Act (AB), WT/DS136/AB/R, WT/DS162/AB/R, DSR 2000:X Anti-Dumping Agreement (AD) conformity with domestic laws, regulations and administrative procedures, obligation to ensure conformity (AD 18.4), dispute settlement procedures, applicability to AD 596 GATT VI and dumping, constituent elements (AD 2/GATT VI:1) material injury to domestic industry or threat thereof GATT 337, 338 specific reference in legislation, relevance GATT 327 “may levy” (GATT VI:2) as limitation to Member’s choice whether or not to impose anti-dumping duty (AD 9) GATT 323, 339, AD 479 principles (AD 1), “anti-dumping measure” AD 1 consultation and dispute settlement (AD 17) GATT XXII and XXIII compared AD 593–4 “matter”, referral to DSB (AD 17.4), identification of measure at issue, need for (DSU 6.2), identification as anti-dumping duty, acceptance of price undertaking or provisional measure, need for AD 608 decisions, procedures and customary practices under GATT 1947 (WTO XVI:1) GATT 334 determination of dumping (AD 2), constituent elements, intention of dumping, whether (AD 2/GATT VI:1) GATT 337 interim review (DSU 15), objection to jurisdiction during, timeliness DSU 249, 981 interpretation of covered agreements ordinary meaning “anti-dumping measure” AD 1 “specific action against dumping” GATT 322 specific terms and phrases “may” (GATT VI:2) GATT 323 legislation as such, right to challenge (WTO XVI:4) AD 17.3/AD 17.4 GATT 334–5, AD 593–7, 608–10 GATT 1947, XXIII:1(a) and GATT 334 mandatory/discretionary legislation, distinguishability GATT 334, AD 599, DSU 176 GATT practice AD 603, DSU 176, 182 relevance DSU 190 preliminary rulings on, timing of objections DSU 981 relationships within and between agreements AD 9.4/GATT VI:2 GATT 323, AD 479 AD 17/AD 18 AD 596 AD 17/GATT XXII and XXIII AD 593–4 specific action against dumping (AD 18.1) or subsidy (SCM 32.1) in accordance with GATT VI as interpreted by AD/SCM Agreement GATT 322, AD 666 action under other relevant provisions of GATT 1994 distinguished (AD 18.1, footnote 24) GATT 322, AD 666 “except in accordance with the provisions” SCM 393 “legislation as such” AD 596 standard/powers of Review (Panel) (DSU 11) claims against legislation as such GATT 334 objections, requirements, timeliness DSU 249, 981 third party rights panel proceedings (DSU 10 and Appendix 3) enhancement in accordance with due process, panel’s discretion and DSU 317 multiple complainants (DSU 9) and DSU 308 as sole basis of rights DSU 310 Working Procedures (appellate review (DSU 17.9 and ABWP)), oral hearings (ABWP 27), joint DSU 879 US — 1916 Act (EC) (Panel), WT/DS136/AB/R and Corr.1, DSR 2000:X Anti-Dumping Agreement (AD) GATT VI and AD 1 as link AD 710 AD Agreement as context AD 706–7 AD Agreement and GATT 1994 as integral part of WTO Agreement AD 479, 706–7 separability of provisions AD 706 violation of GATT VI, sufficiency for finding of violation of AD 2.1 and 2.2 GATT 316, AD 97 determination of injury (AD 3), as detailed version of GATT VI GATT 347, AD 219 interpretation of covered agreements guidelines effectiveness principle (ut res magis valeat quam pereat/effet utile) AD 599 interpretation of covered agreements, guidelines, effectiveness principle (ut res magis valeat quam pereat/effet utile), meaning to be attributed to every word and phrase AD 706 means, context (VCLT 31.2), AD Agreement as AD 707 legislation as such, right to challenge (WTO XVI:4), mandatory/discretionary legislation, distinguishability AD 599, 676 municipal law as evidence of, compliance with international obligations, interpretation of legislation distinguished DSU 359 n. 550 as fact for purposes of international adjudication DSU 358 decisions of municipal courts, applicability DSU 359 legislative history, relevance DSU 360 national treatment, regulatory discrimination (GATT III:4), anti-dumping (GATT VI) and GATT 288–90, 343 order of analysis, specific/general provision GATT 265 panel reports, legal status, unadopted reports AD 599 relationships within and between agreements AD 3/GATT VI GATT 347 AG 3/GATT VI:1 AD 219 specific/general provision, as general principle of international law AD 343 n. 445 specific action against dumping (AD 18.1) or subsidy (SCM 32.1) in accordance with GATT VI as interpreted by AD/SCM Agreement “except in accordance with the provisions” GATT 331, AD 669 standard/powers of Review (Panel) (DSU 11), claims against legislation as such AD 608 third party rights panel proceedings (DSU 10 and Appendix 3) enhancement in accordance with due process, agreement between the parties, relevance DSU 316 multiple complainants (DSU 9) and DSU 316 US — 1916 Act (Japan) (Panel), WT/DS162/R and Add.1, DSR 2000:X AD 18.1/other AD articles AD 684–5 Anti-Dumping Agreement (AD) conformity with domestic laws, regulations and administrative procedures, obligation to ensure conformity (AD 18.4), finding of non-conformity under any AD provision WTO 228, AD 684–5 GATT VI and AD 1 as link AD 711 quantitative restrictions (GATT XI) and GATT 426 separability of provisions GATT 346, AD 706 interpretation of covered agreements, means, preparatory work (VCLT 32), WTO Agreement GATT 339 national treatment, regulatory discrimination (GATT III:4), GATT VI and GATT 291–2, 343 quantitative restrictions, elimination (GATT XI), GATT VI and GATT 420 relationships within and between agreements AD/GATT VI AD 711 specific action against dumping (AD 18.1) or subsidy (SCM 32.1) in accordance with GATT VI as interpreted by AD/SCM Agreement, action under other relevant provisions of GATT 1994 distinguished (AD 18.1, footnote 24) AD 670 standard/powers of Review (Panel) (DSU 11), claims against legislation as such AD 608 third party rights panel proceedings (DSU 10 and Appendix 3) enhancement in accordance with due process, agreement between the parties, relevance DSU 316 multiple complainants (DSU 9) and DSU 316 WTO Agreement, obligation to ensure conformity of domestic laws, regulations and administrative procedures (WTO XVI:4) WTO 228 US — 1916 Act (Article 22.6 — US), WT/DS136/ARB, DSR 2004:IX arbitration (DSU 22.6) “by the original panel” DSU 688 scope of review/arbitrators’ mandate (DSU 22.7), suspension of concessions or “other obligations”, limitations on role DSU 704 burden of proof, suspension of concessions, conformity with DSU 22.4 DSU 690 suspension of concessions for non-implementation of DSB recommendations and rulings (DSU 22) level equivalent to nullification or impairment (DSU 22.4) changes in level after authorization DSU 725–6 court judgments and DSU 719, 757 deterrent/”chilling” effect DSU 721 “equivalent”, qualitative test DSU 736–8, 757 litigation costs and DSU 722 reasoned estimates, need for DSU 715 settlement agreements and DSU 720, 757 zero level, exclusion DSU 710 nature and purpose of counter measures DSU 649 “or other obligations”, authorization to suspend (DSU 22.2) DSU 669 specificity requirement DSU 672 US — 1916 Act (Article 21.3), WT/DS136/11, WT/DS162/14, DSR 2001:V, implementation of recommendations and rulings of the DSB (DSU 21), impracticality of immediate compliance/reasonable period of time (DSU 21 3 chapeau) “reasonable period” “time … shorter or longer, depending on the particular circumstances” (DSU 21.3(c)) DSU 540 US — Canada Tuna (GATT Panel), BISD 295/91, request for establishment of panel, requirements (DSU 6.2), identification of specific measures at issue, termination of measures following agreement on terms of reference DSU 258 n. 370 US — Carbon Steel (AB), WT/DS213/AB/R and Corr.1, DSR 2002:IX burden of proof, mandatory/discretionary legislation distinction DSU 177, 1000, 1001 competence of panels and AB (DSU 3.2), not to add to or diminish rights and obligations (DSU 3.2/19.2) SCM 317 countervailing duties (SCM, Part V) balance between rights and obligations relating to, need for SCM 499 preconditions (SCM 19.1), standard of proof (SCM 22.1) SCM 321 public notice and explanation of determinations (SCM 22), standard of proof (SCM 22.1) SCM 321 as remedy to offset benefits of subsidies SCM 499 developing country Members (SCM 27), de minimis subsidization threshold (SCM 27.10 and 27.11) SCM 384 due process (dispute settlement proceedings), notification of nature of case DSU 157 evidence, acceptability as, practice in application of laws DSU 177 good faith (including pacta sunt servanda principle (VCLT 26)), dispute settlement procedures, engagement in (DSU 3.10), obligation to challenge deficient procedures promptly DSU 108 information or technical advice, panel’s right to seek (DSU 13/SPS 11.2), panel’s rights, not to seek DSU 346 interpretation of covered agreements guidelines object and purpose, preamble as evidence of SCM 499 same or closely related phrases in different agreements, cross-referencing, role SCM 253–4, 304 means footnotes to treaty SCM 256 preamble of agreement under consideration, as evidence of object and purpose SCM 499 preparatory work (VCLT 32), SCM 11 SCM 255 investigation of dumping (AD 5)/subsidy (SCM 11) preparatory work (VCLT 32) SCM 255 Secretariat Note for the Uruguay Round Negotiating Group on Subsidies and Countervailing Measures (1987), relevance SCM 255 procedural nature of provisions SCM 250, 252 termination (SCM 11.9) de minimis standard, applicability SCM 250–7, 316–17 developing country Members (SCM 27.10) SCM 384 grounds SCM 249 limitation of provisions to investigation phase SCM 250 legislation as such, right to challenge (WTO XVI:4), mandatory/discretionary legislation, distinguishability, burden of proof and DSU 177, 1001 relationships within and between agreements SCM 11.6/SCM 21.3 SCM 314 SCM 11.9/SCM 21.3 SCM 250–7, 316–17 request for establishment of panel, requirements (DSU 6.2) compliance, importance of demonstration of on the “face of the request”, need for DSU 236 opportunity to cure defect DSU 157, 163 legal basis of claim, summary, sufficiency DSU 163 SCM Agreement, object and purpose (SCM 1), balanced framework of rights and obligations relating to countervailing duties SCM 499 standard/powers of Review (Panel) (DSU 11), “objective assessment of the facts”, evidence, alleged disregard or distortion by panel, discretion in selection of evidence to refer to explicitly DSU 345 subsidy, definition (SCM 1), level of subsidy, relevance SCM 256 sunset review (SCM 21.3) burden/standard of proof original investigation requirements (SCM 11 and 12) distinguished SCM 305–6 SCM 11.6, relevance SCM 314 de minimis standard absence of reference to, relevance SCM 253–7 termination of investigation provisions (SCM 11.9) distinguished SCM 250, 316–17 as threshold test SCM 251, 256 original investigation requirements distinguished SCM 305–6, 312–13 “likely to lead to continuation or recurrence of subsidization and injury” test (SCM 21.3) SCM 308–10 preparatory work (VCLT 32) SCM 257 self-initiation, right of SCM 303 terms of reference of panels (DSU 7), as definition of jurisdiction/legal claims at issue DSU 246 US — Carbon Steel (Panel), WT/DS213/R and Corr.1, DSR 2002:IX interpretation of covered agreements, means, same or closely related phrases in different agreements, SCM 21.2/AD and SPS Agreements SCM 309 relationships within and between agreements, SCM 11.6/SCM 21.3 SCM 314–15 request for establishment of panel, requirements (DSU 6.2), identification of specific measures at issue, expedited sunset review, need for specific inclusion DSU 206 sunset review (SCM 21.3) AD 11.2 standard, applicability SCM 309 burden/standard of proof, SCM 11.6, relevance SCM 314–15 US — Certain EC Products (AB), WT/DS165/AB/R, DSR 2001:I and DSR 2001:II burden of proof, prima facie case, need for, “prima facie” DSU 286 competence of panels and AB (DSU 3.2) not to add to or diminish rights and obligations (DSU 3.2/19.2) DSU 84 right to develop own legal reasoning including arguments not adduced by parties (jura novit curia) DSU 224 n. 322 relationships within and between agreements DSU 3.7/DSU 22.6 and DSU 22.3(c) DSU 786 GATT II/GATT XI GATT 109 request for establishment of panel, requirements (DSU 6.2) identification of specific measures at issue specificity sufficient to present the problem clearly DSU 286 termination of measures before agreement on terms of reference DSU 264 Schedules of Concessions (GATT II), treatment no less favourable than that provided in appropriate schedule (GATT II:1(a)), bonding requirements, imposition of import duties distinguished GATT 69, 88, 109 standard/powers of Review (Panel) (DSU 11), “objective assessment of matter before it”, ultra petita finding on provision not before it DSU 331 sunset review (SCM 21.3), object and purpose of SCM as a whole SCM 315 suspension of concessions for non-implementation of DSB recommendations and rulings (DSU 22), authorization, need for (DSU 3.7, 22.6 and 23.2(c)), suspension without authorization as breach of DSU 3.7 DSU 785 terms of reference of panels (DSU 7), as definition of jurisdiction/legal claims at issue, failure to make specific mention of alleged inconsistency (DSU 23.2(a)) DSU 286 US — Certain EC Products (Panel), WT/DS165/R and Add.1, DSR 2001:I and DSR 2001:II Customs Valuation Agreement (VAL) applicable law/tariff, tariff in force on day of importation VAL 12 delay in final determination of customs value (VAL 13), changes to tariff after importation, relevance to VAL 12 Dispute Settlement Understanding (DSU) obligation to have recourse to (DSU 23.1) prohibition of suspensions prior to completion of DSU 22 procedures DSU 784 in “seeking redress of WTO violation” DSU 781 fees and formalities connected with importation and exportation (GATT VIII), “limited … to the approximate cost of services rendered” (GATT VIII:1(a)), bonding requirements GATT 357 implementation of panel or AB recommendations (DSU 19.1), measure terminated in course of proceedings/no longer in existence DSU 498 interpretation of covered agreements, means, dictionaries DSU 781 MFN treatment (GATT I:1), “accorded immediately and unconditionally to the like product”, differential treatment on the basis of origin of product and GATT 23 quantitative restrictions, elimination (GATT XI), “prohibition or restriction” (GATT XI:1), bonding requirements GATT 410, 416 relationships within and between agreements DSU 23.1/DSU 23.2 DSU 780 GATT II/GATT XI GATT 109 request for establishment of panel, requirements (DSU 6.2), identification of specific measures at issue, termination of measures before agreement on terms of reference DSU 264 suspension of concessions for non-implementation of DSB recommendations and rulings (DSU 22), authorization, need for (DSU 3.7, 22.6 and 23.2(c)) DSU 784 unilateral action by Member, prohibition (DSU 23.1) DSU 779–80 examples of excluded actions (DSU 23.2) DSU 780 Working Procedures (panel) (DSU 12.1 and Appendix 3 (WP)), separate opinion (DSU 14.3) GATT 109 US — Corrosion-Resistant Steel Sunset Review (AB), WT/DS244/AB/R and Corr.1, DSR 2004:I Anti-Dumping Agreement (AD) conformity with domestic laws, regulations and administrative procedures, obligation to ensure conformity (AD 18.4) dispute settlement procedures, applicability to AD 677 “laws, regulations and administrative procedures”, normative value as determining factor DSU 174, 180 consultation and dispute settlement (AD 17), special or additional rule and procedure (DSU 1.2 and Appendix 2), whether DSU 9 interpretation of covered agreements guidelines, security and predictability (DSU 3.2) DSU 179 means, same or closely related phrases in same agreement, AD 11.2/AD 11.3 AD 528 specific terms and phrases, “laws, regulations and requirements” (AD 18.4) DSU 174, 181 legislation as such, right to challenge (WTO XVI:4) analysis of legislation, method DSU 178 mandatory/discretionary legislation, distinguishability, relevance AD 602–3, DSU 192–3 normative value as determining factor DSU 174, 179–81 rationale DSU 179 national treatment, regulatory discrimination (GATT III:4), “requirements”, non-mandatory measures GATT 254 prompt and satisfactory resolution of disputes, Members’ right to (DSU 3) impairment of benefits by measures taken by another Member (DSU 3.3), “measure taken by another Member” DSU 86 relationships within and between agreements, AD 2.4/AD 11.3 AD 519 special or additional rules and procedures for dispute settlement (DSU 1.2 and Appendix 2), AD 17, whether DSU 9 State responsibility for breach of international obligations, for acts or omissions of executive DSU 86, 169–70 sunset review (AD 11.3) (including “likelihood” test) company-specific determination, need for AD 528 investigatory role of authorities AD 513–14 mandatory rule/exception AD 510 methodology absence of specific provision AD 518–19, 528, 529 AD 2.4 disciplines, applicability AD 519 dumping margins, relevance AD 518–19 original investigation distinguished AD 512 “positive evidence”, need for, presumptions, exclusion AD 524–5 US — Corrosion-Resistant Steel Sunset Review (Panel), WT/DS244/R, DSR 2004:I evidentiary rules (investigation of dumping) (AD 6), facts available to investigating authority, right of resort to (AD 6.8/Annex II), time limits, right to set (AD 6.1.1), sunset reviews and AD 318 interpretation of covered agreements, means, same or closely related phrases in different agreements, cross-referencing, role AD 533, 538 investigation of dumping (AD 5)/subsidy (SCM 11) rejection of application (AD 5.8), de minimis test, sunset review (AD 11.3), applicability to AD 534–6 self-initiation (AD 5.6), sunset review (AD 11.3), applicability of rules to AD 532–3 legislation as such, right to challenge (WTO XVI:4), policy document, whether (US Sunset Policy Bulletin) GATT 378 publication and administration of trade regulations (GATT X), uniform, impartial and reasonable administration (GATT X:3(a)), as procedural requirement GATT 377–8 relationships within and between agreements AD 5.8/AD 11.3 AD 534–6, 538–9 AD 6.1 and 6.2/AD 11.4 AD 318 sunset review (AD 11.3) (including “likelihood” test) de minimis test (AD 5.8), applicability AD 534–6, 538 methodology, absence of specific provision AD 517 “positive evidence”, need for AD 514, 515 self-initiation, applicability of AD 5.6 evidentiary standards AD 532–3 US — Cotton Yarn (AB), WT/DS192/AB/R, DSR 2001:XII directly competitive or substitutable products (GATT III:2) ATC 61 criteria potential to compete as determining factor ATC 61, 64 good faith (including pacta sunt servanda principle (VCLT 26)), as fundamental rule of treaty interpretation/performance DSU 46 n. 52 interpretation of covered agreements, means, same or closely related phrases in different agreements, GATT III:2/ATC 6.2 ATC 62 proportionality attribution of damage (ATC 6.4) ATC 89 countermeasures/suspension of concessions (DSU 22.4) and ATC 87 safeguard measures (ATC 6.4) and ATC 87 State responsibility for breach of international obligation and ATC 87, DSU 71 relationships within and between agreements ATC 6.4, possible findings under ATC 84 standard/powers of Review (Panel) (DSU 11) “objective assessment of the facts” de novo review exclusion AG 149, DSU 326 reasoned and adequate explanation (SG 3.1), need to confirm AG 149 relevant factors, position of Member at time of determination ATC 44 serious damage or actual threat thereof (ATC 6.2)/SG 4, Member’s determination of applicability of DSU 11 DSU 391 evidence available to Member, limitation to ATC 44, DSU 374 temporal scope, evidence available to Member, limitation to ATC 44, DSU 374 suspension of concessions for non-implementation of DSB recommendations and rulings (DSU 22), level equivalent to nullification or impairment (DSU 22.4), proportionality, need for ATC 87 transitional safeguards (ATC 6) application of transitional safeguards (ATC 6.4) ATC 39 attribution of damage from “sharp and substantial increase in imports” (ATC 6.4) ATC 39, 80–3 comparative analysis ATC 85–90 “factors” ATC 89 “from a Member or Members individually” ATC 82 proportionality and ATC 89 serious damage or actual threat thereof (ATC 6.2), Member’s determination of, requirements ATC 39 “directly competitive” GATT III:2, applicability ATC 62 proximity of relationship, relevance ATC 63 “domestic industry producing like and/or directly competitive products” “and/or” ATC 67 captive production ATC 66 “producing” ATC 60 product-oriented definition ATC 59 due diligence, available evidence, limitation to ATC 44, DSU 374 US — Cotton Yarn (Panel), WT/DS192/R, DSR 2001:XII implementation of panel or AB recommendations (DSU 19.1), right of panel or AB to make suggestions DSU 511 transitional safeguards (ATC 6) attribution of damage from “sharp and substantial increase in imports” (ATC 6.4), “from a Member or Members individually” ATC 84 attribution of damage from “sharp and substantial increase in imports” (ATC 6.4) (ATC 6.4), “sharp and substantial increase in imports” ATC 83 serious damage or actual threat thereof (ATC 6.2), Member’s determination of, requirements investigation period, length ATC 57 “or actual threat thereof” ATC 54–5 “serious damage”, change of equipment, whether ATC 56 US — Countervailing Measures on Certain EC Products (AB), WT/DS212/AB/R, DSR 2003:I amicus curiae briefs, panel’s authority/discretion to accept or reject DSU 1053 due process (dispute settlement proceedings) notice of appeal, requirements (ABWP 20(2)) DSU 855 opportunity to defend oneself DSU 855 implementation of panel or AB recommendations (DSU 19.1), choice of means at Member’s discretion (DSU 21.3) DSU 529 legislation as such, right to challenge (WTO XVI:4), mandatory/discretionary legislation, distinguishability, relevance WTO 232, DSU 191 notice of appeal, requirements (ABWP 20(2)) amendment/clarification DSU 864 notification of allegation of panel’s failure to make objective assessment (DSU 11) DSU 866 statement of allegation of error on issues of law/legal interpretations (ABWP 20(2)(d)) DSU 850 paragraph numbers/extracts from panel report, sufficiency DSU 858 as trigger for appeal process (ABWP 20(1)) DSU 855 SCM Agreement, conformity of laws, regulations and administrative procedures with SCM Agreement (SCM 32.5) SCM 406 Working Procedures (appellate review (DSU 17.9 and ABWP)), “appropriate procedure for the purpose of that appeal only” (ABWP 16(1)) DSU 850 US — Countervailing Measures on Certain EC Products (Panel), WT/DS212/R, DSR 2003:I countervailing duties (SCM, Part V), “countervailing duty” (SCM 10, footnote 36), “offsetting” requirement SCM 236 implementation of panel or AB recommendations (DSU 19.1), right of panel or AB not to make suggestions DSU 524 legislation as such, right to challenge (WTO XVI:4), mandatory/discretionary legislation, distinguishability, relevance WTO 231 SCM Agreement, conformity of laws, regulations and administrative procedures with SCM Agreement (SCM 32.5) SCM 405 US — DRAMS (Panel), WT/DS99/R, DSR 1999:II Anti-Dumping Agreement (AD) applicability (AD 18.3) pre-/post-WTO reviews AD 674 “reviews of existing measures” AD 673 anti-dumping duties, duration and review (AD 11) AD 11.1 as general principle underlying AD 11.2 and 3 AD 490 “injury” (AD 3, footnote 9) AD 502, 506 “likely to lead to continuation or recurrence” (AD 11.2) probability, need for AD 504 sunset review (AD 11.3) and AD 504 “necessary to offset dumping” (AD 11.2) AD 494, 496–501 necessity (AD 11.1) and AD 494, 496 standard of proof AD 500, SCM 309 sunset review (AD 11.3) and AD 497, 498 “no-dumping” finding (AD 11.2), timing of revocation of anti-dumping duty AD 498 “warranted” (AD 11.2) AD 505 anti-dumping duties, imposition and collection (AD 9), assessment (AD 9.3), de minimis test, AD 5.8 distinguished AD 289, 461–3 determination of dumping (AD 2) cost data (AD 2.2.1.1) burden of proof AD 33 “in accordance with generally accepting accounting principles” AD 29 “reasonably reflect costs” requirement AD 29 records kept by the exporter or producer under investigation, limitation to AD 29 evidentiary rules (investigation of dumping) (AD 6), accuracy of information, authorities’ obligation to satisfy themselves (AD 6.6), “satisfy themselves” AD 365 implementation of panel or AB recommendations (DSU 19.1), right of panel or AB not to make suggestions DSU 515 interpretation of covered agreements applicable law customary rules of interpretation of public international law [as codified in the Vienna Convention on the Law of Treaties (1969)] AD 18 AD 665 guidelines, effectiveness principle (ut res magis valeat quam pereat/effet utile) AD 497–8 specific terms and phrases, “injury” (AD 3, footnote 9) AD 502, 506 investigation of dumping (AD 5)/subsidy (SCM 11) rejection of application (AD 5.8) “cases”, anti-dumping duty assessment (AD 9.3), relevance AD 288–9 de minimis test, anti-dumping duty assessment (AD 9 3) distinguished AD 289 461–3 legislation as such, right to challenge (WTO XVI:4), mandatory/discretionary legislation, distinguishability AD 600, DSU 184 publication and administration of trade regulations (GATT X), Anti-Dumping Agreement and GATT 393 relationships within and between agreements AD 11.1/AD 11.2 AD 494 AD 11.2/AD 11.3, footnote 22 AD 498 AD 11.2/GATT I and X GATT 393 AD as integrated whole AD 665 State responsibility for breach of international obligations, for acts or omissions of executive DSU 86 n. 113 sunset review (AD 11.3) (including “likelihood” test), duration and review of anti-dumping duties (AD 11.2) and AD 504 US — Export Restraints (Panel), WT/DS194/R and Corr.2, DSR 2001:XI good faith (including pacta sunt servanda principle (VCLT 26)), as fundamental rule of treaty interpretation DSU 45 interpretation of covered agreements means preparatory work (VCLT 32) DSU 36 SCM Agreement (SCM 1) SCM 8 legislation as such, right to challenge (WTO XVI:4) mandatory/discretionary legislation, distinguishability AD 602 n. 754, SCM 64 relationships within and between agreements DSU 186 “practice” AD 604 n. 763 order of analysis, mandatory/discretionary nature of legislation/substance DSU 186 request for establishment of panel, requirements (DSU 6.2) identification of specific measures at issue independent operational status of each listed measure, need for DSU 172 “practice” as measure DSU 196 SCM Agreement, object and purpose (SCM 1), multilateral disciplines on subsidies distorting international trade SCM 498 subsidy, definition (SCM 1) financial contribution (SCM 1.1(a)(1)) DSU 196 conferral of benefit (SCM 1.1(b)) as parallel requirement SCM 5 payments to a funding mechanism (SCM 1.1(a)(1)(iv)) SCM 8, 38–44 “entrusts or directs” SCM 39–40 “private body” SCM 41 “type of function” SCM 37, 42–3 preparatory work (VCLT 32) SCM 8 transfer of economic resources from grantor to recipient for less than full consideration SCM 8 arbitration (DSU 22.6) timing in relation to Article 21.5 arbitration (“sequencing”), ad hoc procedural agreements direct recourse to Article 22 DSU 632 withdrawal of Article 22 arbitration request DSU 631 implementation of recommendations and rulings of the DSB (DSU 21), impracticality of immediate compliance/reasonable period of time (DSU 21.3, chapeau), “reasonable period”, amendment DSU 564 US — FSC (AB), WT/DS108/AB/R, DSR 2000:III and DSR 2000:IV consultations (SCM 4.1–4) accelerated nature of proceedings, effect SCM 145 “statement of available evidence” (SCM 4.2) SCM 145 DSU 4.4 distinguished SCM 145 evidence of nature as subsidy, need for SCM 145 failure to submit, effect SCM 147 costs of marketing exports (AG 9.1(d)) general business costs distinguished AG 77 income tax, whether AG 77 decisions procedures and customary practices under GATT 1947 (WTO XVI:1), panel reports (adopted) SCM 83 double taxation measures, justification (Illustrative List, SCM Annex I (item (e)), footnote 59), “foreign-source income” SCM 119–20, 435 double taxation measures, justification (Illustrative List, SCM Annex I(item (e)), Footnote 59), applicable law/Member’s right to determine applicable rules SCM 432, 435 export subsidy commitments, prevention of circumvention (AG 10.1) “applied in a manner which results in, or which threatens to lead to, circumvention …” AG 80 tax exemption AG 80 “circumvention” scheduled and unscheduled products, distinction, whether AG 80 threat of circumvention, sufficiency AG 80 “commitments” AG 79 export subsidy, AG 3.3 prohibition and AG 80 export subsidy, prohibited (AG 3.3) provision of export subsidies under AG 9.1, dependence on AG 14–15 export subsidy, prohibited (SCM, Part II) “contingent upon export performance” (SCM 3.1(a)) AG 9–10 GATT XVI:4 distinguished SCM 83 GATT 1994, constituent elements (GATT 1994, Art. 1), “other decisions of the Contracting Parties to GATT 1947” (Art. 1(b)(iv)), adopted panel reports, whether GATT 5, SCM 82–3 GATT 1994, constituent elements (GATT 1994, Art. 1), “other decisions of the Contracting Parties to GATT 1947” (Art. 1(b)(iv)), adopted panel reports, whether SCM 82–3 GATT 1994, WTO Agreement, incorporation into (WTO Annex 1A), decisions of Contracting Parties to GATT 1947 (WTO Annex 1A, 1(b)(4)), GATT Council Understanding on tax legislation (1981), whether SCM 82–3 good faith (including pacta sunt servanda principle (VCLT 26)) dispute settlement procedures, engagement in (DSU 3.10) DSU 105 obligation to challenge deficient procedures promptly SCM 147 as fundamental rule of treaty interpretation/performance DSU 105 as general principle of international law SCM 147 as general principle of law SCM 147 Illustrative List of Export Subsidies (SCM Annex I) remission or deferral of direct taxes (item (e)) deferral not amounting to export subsidy (footnote 59) SCM 118 third and fourth sentences as remedies SCM 120 social welfare charges (item (e)), footnote 59, relevance SCM 80–1 income tax, marketing cost, whether AG 78 interpretation of covered agreements means “any subsequent practice … which establishes the agreement of the parties regarding its interpretation” (VCLT 31(1)(b)), GATT decisions including adoption of panel reports WTO 220, SCM 83 dictionaries AG 78 same or closely related phrases in different agreements, AG 1(e)/SCM 3.1(a) AG 9 panel reports, legal status, “other decisions of the Contracting Parties to GATT 1947” (GATT 1994 Art. 1(b)(iv)), whether GATT 5, SCM 82–3 relationships within and between agreements GATT XVI:4/SCM 1.1(a) and 3.1(a) GATT 456, SCM 83 SCM 1.1/SCM 3.1(a) DSU 916 SCM 1.1/SCM, footnote 59 DSU 907, 916 SCM Agreement, Permanent Group of Experts (PGE), panel’s right to establish (SCM 4 5) SCM 145 SCM Agreement, consultation and dispute settlement/remedies (SCM 4), “statement of available evidence” (SCM 4.2) SCM 145 special or additional rules and procedures for dispute settlement (DSU 1.2 and Appendix 2), SCM 4.2 as SCM 145 standard/powers of Review (AB) (issues of law and legal interpretations) (DSU 17.6) issues not litigated before Panel SCM 120 new arguments DSU 459 subsidy, definition (SCM 1) financial contribution (SCM 1.1(a)(1)) AG 7 foregoing of revenues otherwise due (SCM 1.1(a)(1)(ii)) national tax rules as normative benchmark SCM 23 “otherwise due” /basis of comparison (“but for” test) SCM 23, 25 tax exemption, as circumvention of export subsidy commitments (SCM 1), “categories of revenue” subject to or exempt from, right to determine SCM 20–1 Working Procedures (appellate review (DSU 17.9 and ABWP)) fair, prompt and effective resolution of disputes as object and purpose SCM 147, DSU 107, 135 timetable, modification in exceptional circumstances (ABWP 16(2)) DSU 852 US — FSC (Panel), WT/DS108/R, DSR 2000:III and DSR 2000:IV consultations (SCM 4.1–4) accelerated nature of proceedings, effect SCM 145 “statement of available evidence” (SCM 4.2) explicit reference, relevance SCM 146 ordinary meaning SCM 146 costs of marketing exports (AG 9.1(d)), income tax, whether AG 77 GATT 1994, constituent elements (GATT 1994, Art. 1) “other decisions of the Contracting Parties to GATT 1947” (Art. 1(b)(iv)) adopted panel reports, whether SCM 82–3 “legal instruments” (WTO Annex 1A, 1(b)) WTO 224, SCM 82–3 GATT 1994, WTO Agreement, incorporation into (WTO Annex 1A), decisions of Contracting Parties to GATT 1947 (WTO Annex 1A, 1(b)(4)), GATT Council Understanding on tax legislation (1981), whether SCM 82–3 interpretation of covered agreements means, “any subsequent practice … which establishes the agreement of the parties regarding its interpretation” (VCLT 31(1)(b)), GATT decisions including adoption of panel reports WTO 221, SCM 83 ordinary meaning, “statement of available evidence” (SCM 4.2) SCM 146 panel reports, legal status, “other decisions of the Contracting Parties to GATT 1947” (GATT 1994 Art. 1(b)(iv)), whether SCM 82–3 relationships within and between agreements, WTO XVI:1/GATT 1994, Art. 1(b) WTO 224 request for establishment of panel, requirements (DSU 6.2), identification of specific measures at issue, identification of product, need for DSU 210 SCM Agreement, consultation and dispute settlement/remedies (SCM 4), “statement of available evidence” (SCM 4.2) SCM 145 subsidy, definition (SCM 1), financial contribution (SCM 1.1(a)(1)), foregoing of revenues otherwise due (SCM 1.1(a)(1)(ii)), “otherwise due” /basis of comparison (“but for” test) SCM 25 US — FSC (Article 21.5 — EC) (AB), WT/DS108/AB/RW, DSR 2002:I burden of proof, double taxation measures, justification SCM 440 double taxation measures, justification (Illustrative List, SCM Annex I (item (e)) footnote 59) burden of proof SCM 440 “foreign-source income” SCM 431, 433–4, 436–9 design, structure and architecture of measures, relevance SCM 431, 433, 434, 436 international tax law principles and SCM 437 nexus between income and activities in foreign State, need for SCM 438–9 double taxation measures, justification (Illustrative List, SCM Annex I(item (e)), Footnote 59) applicable law/Member’s right to determine applicable rules SCM 433–4, 436–9 international tax law principles SCM 437 export subsidy commitments, prevention of circumvention (AG 10.1) “applied in a manner which results in, or which threatens to lead to, circumvention …” AG 81 tax exemption AG 81 “circumvention”, scheduled and unscheduled products, distinction, whether AG 81 export competition commitments (AG 8) and AG 81 export subsidy, AG 3.3 prohibition and AG 81 export subsidy, prohibited (SCM, Part II), “contingent upon export performance” (SCM 3.1(a)), subsidy available to property produced either within or outside subsidizing State SCM 110–12 GATS Agreement, “affecting” (GATS I:1), GATT III:4 compared GATT 263 interpretation of covered agreements means, international tax law principles SCM 437 specific terms and phrases, “contingent” (SCM 3.1) SCM 89 national treatment, regulatory discrimination (GATT III:4) “affecting” GATT 263 GATS 1:1 compared GATT 263 “less favourable treatment” formal differentiation in treatment, relevance GATT 273 market effect as test GATT 273 preliminary rulings on, third party rights DSU 964 review of implementation of DSB rulings (DSU 21.5), “measures taken to comply”, examination on basis of facts proved during panel proceedings, limitation to DSU 611 subsidy, definition (SCM 1), financial contribution (SCM 1.1(a)(1)), foregoing of revenues otherwise due (SCM 1.1(a)(1)(ii)), “otherwise due” /basis of comparison (“but for” test) SCM 18, 24 tax exemption, as circumvention of export subsidy commitments (SCM 1), extraterritorial income SCM 26 third party rights panel proceedings (DSU 10 and Appendix 3) enhancement in accordance with due process, panel’s discretion and DSU 311 as sole basis of rights DSU 312 “withdrawal of subsidy without delay” (SCM 4.7), “without delay”, private contractual arrangements, relevance SCM 167 Working Procedures (appellate review (DSU 17.9 and ABWP)), written responses (ABWP 28) DSU 887 US — FSC (Article 21.5 — EC) (Panel), WT/DS108/RW, DSR 2002:I double taxation measures, justification (Illustrative List, SCM Annex I (item (e)), footnote 59), “foreign-source income” SCM 22 relationships within and between agreements DSU 21/SCM 4.7 SCM 172 SCM 3.1/SCM 3.2 SCM 140 review of implementation of DSB rulings (DSU 21.5) third party rights (DSU 10), , right to receive submissions to first meeting of the panel, limitation to (DSU 10.3) DSU 620 timing, parties’ submissions, applicability of DSU 12.6 DSU 404, 616 subsidy, definition (SCM 1) financial contribution (SCM 1.1(a)(1)) foregoing of revenues otherwise due (SCM 1 1(a)(1)(ii)) SCM 500 “otherwise due” /basis of comparison (“but for” test) SCM 19 Working Procedures (panel) (DSU 12.1 and Appendix 3 (WP)), submission, right of (DSU 12.6 and WP 4), order of submission (DSU 12.6 and WP 12), arbitration (DSU 21.5), applicability to DSU 404, 616 US — FSC (Article 22.6 — US), WT/DS180/ARB, DSR 2002:VI arbitration (DSU 22.6), scope of review/arbitrators’ mandate (SCM 4.11), determination of “appropriateness/appropriate” countermeasure DSU 777 countermeasures in case of failure to comply with panel or AB report within specified time-period (SCM 4.10) adverse trade effects as measure SCM 184–6 footnote 9 and SCM 179–80, DSU 774–5 arbitration (DSU 22.6) and (SCM 4.11) as special or additional rules and procedures DSU 728, 764, 767 task of arbitrator DSU 777 proportionality, need for SCM 179–80, 184, DSU 773–5 countermeasures in case of failure to take measures to remove adverse effects of or withdraw subsidy (SCM 7.9), “commensurate with the degree and nature of the adverse effects”, SCM 4.10 and 4.11 distinguished SCM 184, 221, DSU 767 dissenting/separate opinions, Article 22.6 arbitration DSU 748 interpretation of covered agreements guidelines effectiveness principle (ut res magis valeat quam pereat/effet utile), presumption of meaning SCM 184 text/plain language (VCLT 31(2)) SCM 184 means dictionaries SCM 175, 178, DSU 771 different language in same agreement SCM 184, 221 footnotes to treaty SCM 179–80, DSU 774–5 ordinary meaning, “countermeasure” SCM 175, DSU 771 proportionality, suspension of concessions (DSU 22.4) and SCM 179–80, DSU 773–5 relationship between and within agreements, DSU 22.6/SCM 4.3 SCM 193 relationships within and between agreements DSU 22.4/SCM 4.10 SCM 185, DSU 767 SCM 4.9 and 10/SCM 7.9 and 10 SCM 184 special or additional rules and procedures for dispute settlement (DSU 1.2 and Appendix 2) precedence SCM 193 suspension of concessions for non-implementation of DSB recommendations and rulings (DSU 22) agreement to DSU 756 level equivalent to nullification or impairment (DSU 22.4) “appropriate” (SCM 4.10) distinguished DSU 728, 767 “equivalent”, quantitative test DSU 735 SCM 3 and 4 (prohibited subsidies) distinguished DSU 728 US — Fur Felt Hats (Working Party Report), GATT/CP/106, safeguard measures (SG/GATT XIX), conditions (SG 2), separate determinations of threat and injury, need for AG 81 US — Gasoline (AB), WT/DS2/AB/R, DSR 1996:I burden of proof, defences and exceptions, GATT XX GATT 580 environment Members’ right to determine own policies WTO 1 trade policies and, obligation to coordinate WTO 1, GATT 576 General Exceptions (GATT XX) applicability to GATT as a whole (chapeau) 588, GATT 573 burden of proof, chapeau and paras. a-j distinguished GATT 580 jurisdiction of Member relevance GATT 576 two-tier analysis (justification under paras. (a)-(j)/compliance with chapeau) GATT 577–8 General Exceptions (GATT XX), chapeau application of measure as means of arbitrary or unjustifiable discrimination, between importing and exporting countries 588 “disguised restriction on international trade” GATT 590–1 failure to consider costs as GATT 591 measures amounting to arbitrary or unjustifiable discrimination as GATT 598 prevention of abuses of exceptions as objective GATT 583 General Exceptions (GATT XX), measures relating to the conservation of exhaustible natural resources (GATT XX(g)) compliance as condition of access to Member’s domestic market as jurisdictional limitation GATT 576 GATT III:4 (national treatment, regulatory discrimination) and GATT 277, 590–1, 632 “made effective in conjunction with”, as balance between conservation and domestic production/consumption GATT 636–8 “relating to” GATT 579, 606, 623, 629, 630–3 “necessary” distinguished GATT 619 n. 880 “primarily aimed at” distinguished GATT 606, 623, 630, 633 good faith (including pacta sunt servanda principle (VCLT 26)), as fundamental rule of treaty interpretation/performance DSU 44 interpretation of covered agreements applicable law, customary rules of interpretation of public international law [as codified in the Vienna Convention on the Law of Treaties (1969)] DSU 24 guidelines effectiveness principle (ut res magis valeat quam pereat/effet utile), meaning to be attributed to every word and phrase WTO 13, GATT 590, DSU 50–1 object and purpose, GATT XX(g) GATT 632 means, other treaties, “comparable treaties” GATT 529 n. 828 specific terms and phrases, “relating to” (GATT XX(g)) GATT 579, 606, 619, 623 multiple appeals (ABWP 23), joinder DSU 837, 869 national treatment, regulatory discrimination (GATT III:4), General Exceptions (GATT XX) and GATT 277, 590–2, 632 notice of appeal, requirements (ABWP 20(2)), conditional appeal, exclusion DSU 869 relationships within and between agreements, GATT XX/GATT as a whole GATT 277 standard/powers of Review (AB) (issues of law and legal interpretations) (DSU 17.6), completion of the legal analysis DSU 462 trade and environment (Doha Declaration, paras. 31–3), SPS Agreement and GATT 576 Working Procedures (appellate review (DSU 17.9 and ABWP)) disregard, AB authority to DSU 837 written responses (ABWP 28) DSU 880 WTO Agreement, interpretation and application, Preamble, legal relevance WTO 1 US — Gasoline (Panel), WT/DS2/R, DSR 1996:I burden of proof, defences and exceptions, GATT XX GATT 601 General Exceptions (GATT XX), measures necessary to protect human, animal or plant life or health (GATT XX(b)) burden of proof GATT 601 justification GATT 601 three-tier test GATT 601 General Exceptions (GATT XX), measures relating to the conservation of exhaustible natural resources (GATT XX(g)), “relating to” GATT 629, 631 “like product” (GATT III:2 and III:4) relevant factors end-uses GATT 248 physical properties GATT 167, 248 situation of parties dealing in [subject products] GATT 74, 248 tariff classification GATT 248 MFN treatment (GATT I:1), findings under GATT III:4 and XX, relevance GATT 61 national treatment, regulatory discrimination (GATT III:4) general principle (GATT III:1) and GATT 140 “less favourable treatment” equality of competitive conditions as test GATT 265, 271 formal differentiation in treatment, relevance GATT 271 methodology of comparison, individual transactions basis GATT 218, 275 relationships within and between agreements GATT I and III/SPS GATT 61 GATT I:1/GATT III:4 and XX GATT 61 GATT I/GATT III:4 GATT 284 request for establishment of panel, requirements (DSU 6.2), identification of specific measures at issue, termination of measures before agreement on terms of reference DSU 259 US — Hot-Rolled Steel dispute (WT/DS184), implementation of recommendations and rulings of the DSB (DSU 21), impracticality of immediate compliance/reasonable period of time (DSU 21.3, chapeau), “reasonable period”, amendment DSU 565 US — Hot-Rolled Steel (AB), WT/DS184/AB/R, DSR 2001:X Anti-Dumping Agreement (AD) conformity with domestic laws, regulations and administrative procedures, obligation to ensure conformity (AD 18.4) finding of non-conformity under any AD provision WTO 230 maintenance of inconsistent legislation AD 675 anti-dumping duties, imposition and collection (AD 9) calculation of “all other” anti-dumping duty rate (AD 9.4) avoidance of prejudice to non-investigate exporters AD 467, 473 comparison of all comparable transactions (AD 2.4), need for AD 469 “margins” AD 469 margins established under circumstances referred to in AD 6.8, exclusion AD 468, 471–2 “established” AD 473 “legislation as such” and AD 597 method, absence of provision AD 468 zero/de minimis margins, exclusion AD 468 competence of panels and AB (DSU 3.2), competence of panel and AB distinguished AD 640 determination of dumping (AD 2) calculation of dumping margins (AD 2.4) calculation of “all other” anti-dumping duty rate (AD 9.4), applicability to AD 469 comparison of weighted average normal value with weighted average of all comparable export transactions AD 469 calculation of normal value, eligible transactions, requirements (AD 2.1) affiliated party transactions AD 13 comparability of price AD 12 “like product” AD 12 sale “destined for consumption in exporting country” AD 12 sale “in ordinary course of trade” AD 12, 14–15 fair comparison (AD 2.4), affiliated party transactions AD 13 fair comparison of export price and normal value (AD 2.4) “due allowance”, “differences which affect price comparability” AD 59 “fair comparison”, responsibility for AD 67 “normal value in the ordinary course of trade” (AD 2.1) fairness in exercise of discretion, need for AD 16 prices above or below ordinary course of trade price AD 18–20 sales not in normal course of trade, exclusion AD 17 scrutiny, rules governing AD 21 sales transaction not “in the ordinary course of trade” affiliated party transactions AD 22–3 sales below cost, method for determining whether (AD 2.2.1) AD 28 alternative methods, possibility of AD 15, 28 determination of injury (AD 3) causal relationship, manner of evaluating (AD 3.5) non-attribution to dumped imports of injury caused by other factors (AD 3.5) AD 174, 175, 181–3 Agreement on Safeguards (SG 4.2(b)) compared AD 183, 221, 716 evaluation of injury factors (AD 3.4) all relevant economic factors and indices, need to examine AD 144 factors not listed in AD 3.4, right to consider AD 155 “objective examination” requirement (AD 3.1) and AD 116, 117 sectoral analysis, right to AD 116, 144 “positive evidence” / “objective examination” requirement (AD 3.1) AD 109 “objective examination”, evaluation of injury factors (AD 3.4) AD 116, 117, 144 “positive” AD 110 evidentiary rules (investigation of dumping) (AD 6) difficulties in supplying information, due account/assistance in case of (AD 6.13) AD 411, 422 balance of interests of investigating authorities and exporters and AD 439 facts available to investigating authority, right of resort to (AD 6.8/Annex II) adverse facts AD 413 Annex II, mandatory nature AD 380 n. 490 failure to submit necessary information “in timely fashion” (Annex II, para. 3) and AD 397 interpretation in light of AD 6.1.1, 6.8/Annex II, para. 1 AD 397, 400 as “reasonable period” / “reasonable time” AD 397, 401–3 information provided within reasonable period, investigating authorities’ obligation to use AD 388, 389 n. 502 relationships within and between agreements AD 378 resort to, requirements AD 388, 389 n. 502 facts available to investigating authority, right to use (AD 6.8/Annex II) balance between rights of investigating authorities and legitimate interests of parties, obligation to cooperate (Annex II, para. 7) AD 411, 422, 439 failure to cooperate (AD Annex VII, para. 7) “less favourable result” as possible consequence AD 405, 473 “to the best of its ability” AD 406 “notice of the information … and ample opportunity to present in writing all evidence” (AD 6.1), extension “upon cause shown … whenever practicable” AD 317 time limits, right to set (AD 6.1.1) AD 317, 400 good faith facts available to investigating authority, right of resort to (AD 6.8/Annex II) and AD 406 as general principle of international law AD 407 as general principle of law AD 407 good faith (including pacta sunt servanda principle (VCLT 26)), as fundamental rule of treaty interpretation/performance SCM 247, DSU 44 interpretation of covered agreements applicable law customary rules of interpretation of public international law [as codified in the Vienna Convention on the Law of Treaties (1969)] guidelines multiple permissible interpretations AD 643 compliance with one permissible interpretation, sufficiency AD 643 text/plain language (VCLT 31(2)) AD 473 means, dictionaries AD 405 municipal law, as fact for purposes of international adjudication, right of panel/AB to examine consistency with WTO law DSU 362 “positive evidence” / “objective examination” requirement (AD 3.1), “objective examination” AD 115 relationships within and between agreements AD 6.1.1/AD 6.8 AD 332 AD 6.8/AD 9.4 AD 468, 471–3, 477 AD 6.8/AD, Annex II AD 377 AD 17.6(ii)/DSU 11 AD 626, 642–5 special or additional rules and procedures for dispute settlement (DSU 1.2 and Appendix 2) AD 17, whether DSU 9 conflict with DSU provisions, precedence in case of (WTO, Annex 1A) DSU 8 standard/powers of Review (Panel) (AD 17.6) assessment of the facts (AD 17.6(i)) applicability to investigating authority AD 636 DSU 11 compared AD 640 interpretation of relevant provisions of AD (AD 17.6(ii)) in accordance with customary rules of interpretation of public international law AD 642, DSU 85 “admits of more than one permissible interpretation” AD 643 DSU 11 compared AD 644 standard/powers of Review (Panel) (DSU 11) “objective assessment of matter before it” AD 17.6(i) compared AD 626, 640, 641 AD 17.6(ii) compared AD 644 US — Hot-Rolled Steel (Panel), WT/DS184/R, DSR 2001:X Anti-Dumping Agreement (AD) conformity with domestic laws, regulations and administrative procedures, obligation to ensure conformity (AD 18.4) finding of non-conformity under any AD provision WTO 230 maintenance of inconsistent legislation AD 675 anti-dumping duties, imposition and collection (AD 9), calculation of “all other” anti-dumping duty rate (AD 9.4), margins established under circumstances referred to in AD 6.8, exclusion, “legislation as such” and AD 597 data collection, period for (AD 10.6) AD 488 determination of injury (AD 3), evaluation of injury factors (AD 3.4), consideration of each factor, need to be “apparent” in final determination AD 165 evidentiary rules (investigation of dumping) (AD 6) cooperation, standard, good faith and TRIPS 41 facts available to investigating authority, right of resort to (AD 6.8/Annex II), objective decision-making based on facts and AD 375 implementation of panel or AB recommendations (DSU 19.1), right of panel or AB not to make suggestions DSU 519 implementation of recommendations and rulings of the DSB (DSU 21), choice of means at Member’s discretion (DSU 21.3) DSU 519 interpretation of covered agreements, means, different language in same agreement GATT 403 n. 608, SCM 184, 221 judicial economy, limitation of consideration to claims essential to resolution of dispute (DSU 3.2) DSU 260 legislation as such, right to challenge (WTO XVI:4), “practice” AD 604 n. 764 provisional measures (AD 7), preliminary affirmative determination (AD 7.1(ii)), retroactive measures (AD 10.7) and AD 484 publication and administration of trade regulations (GATT X) measures of general application (GATT X:1) GATT 364 uniform impartial and reasonable administration (GATT X:3(a)), general impact on overall administration, need for GATT 397 relationships within and between agreements AD 622 n. 796 AD 5.3/AD 10.6 AD 485 AD 7/AD 10.7 AD 484 AD 9.4/AD 18.4 AD 597 retroactivity (provisional measures and anti-dumping duties) (AD 10) AD 480 “after initiating an investigation” (AD 10.7) AD 482 conditions (AD 10.6) AD 10.7 and AD 481 “sufficiency of evidence” (AD 5.3) and AD 485 preliminary affirmative determination (AD 7.1(ii)), relevance AD 484 “such measures” (AD 10.7), provisional measures distinguished AD 482 “sufficient evidence” (AD 10.7) exporters’ knowledge of dumping (AD 10.6), relevance AD 486 “massive imports in a relatively short period of time” (AD 10.6), data collection, period for AD 488 standard/powers of Review (Panel) (AD 17.6), “facts made available” (AD 17.5(ii)) AD 622 standard/powers of Review (Panel) (DSU 11), “objective assessment of the facts”, de novo review, exclusion AD 199, 622 “sufficient evidence” (AD 10.7), “injury caused” (AD 10.6) and, retroactivity (provisional measures and antidumping duties) (AD 10) AD 487 terms of reference of panels (DSU 7), request for establishment of panel as basis AD 617 US — Hot-Rolled Steel (Article 21.3), WT/DS184/12, DSR 2002:IV implementation of recommendations and rulings of the DSB (DSU 21) impracticality of immediate compliance/reasonable period of time (DSU 21.3, chapeau) “reasonable period” complexity of implementing measures DSU 550 DSB precedent, relevance DSU 559 “time … shorter or longer, depending on the particular circumstances” (DSU 21.3(c)) DSU 553 mandate of arbitrator, limitation to determination of reasonable period of time for implementation (DSU 21.3(c)) DSU 550 interpretation of covered agreements, means, AD 6.8/DSU 21.3(c) DSU 553 US — Lamb (AB), WT/DS177/AB/R, WT/DS178/AB/R, DSR 2001:IX determination of serious injury or threat thereof (SG 4), requirements causation (SG 4.2(b)) based on objective data AG 175 factors other than increased imports causing injury, non-attribution requirement AG 159–62 order of analysis AG 198–9 reasoned and adequate explanation (SG 3.1) GATT 527, AG 177 relevance in absence of serious injury AG 72 n. 128 evaluation of all relevant factors (SG 4.2(a)) DSU 383 “factors other than increased imports” (SG 4.2(b)), non-attribution, need for demonstration of AG 201 “serious injury” (SG 4.1(a)), “material injury” (AD 3, SCM 15.7 and GATT VI) distinguished AG 115 “serious injury” (SG 4.1(a))/ “threat of serious injury” (SG 4.1(b)) AG 3 “clearly imminent” AG 152 as “significant overall impairment” / “very high standard of injury” (SG 4.1(a)) AG 114, 115, 122 “threat of serious injury” (SG 4.1(b)), data from recent past/throughout investigation period, relative importance AG 153–4 interpretation of covered agreements, ordinary meaning, “serious injury” (SG 4.1(a)) AG 114 investigation of conditions for safeguard measures, requirements (SG 3 1/SG 4 2(c)) data of an objective and quantifiable nature methodology, absence of provision AG 150, 153 representativeness AG 150–1 “like or directly competitive product” (SG 2.1/SG 4.1(c)) “domestic industry”, as sole determinant ATC 59 n. 66, AG 129 “domestic industry” (SG 4.1(c)) and AG 2, 128–32 integration of production processes, relevance AG 132 “producers as a whole“ AG 130–1 specific product, need for AG 130 publication of findings and reasoned conclusions on all pertinent issues of fact and law, authorities’ obligation (SG 3.1) GATT 532 “pertinent issues”, unforeseen developments AG 101 reasoned and adequate explanation, need for (SG 3.1), causation (SG 4.2(b)) GATT 527, AG 177 relationships within and between agreements GATT XIX:1/SG 11.1 AG 8 safeguard measures (SG/GATT XIX) conditions (SG 2) “as a result of unforeseen developments” (GATT XIX:1(a)) “as a pertinent issue of fact and law”/finding (SG 3.1) GATT 532, AG 101 omission from SG 2.1, relevance GATT 571 relationship between Safeguards Agreement and GATT XIX AG 2 rules for application of GATT XIX (SG 1 and 11.1(a)) AG 8 safeguard measures (SG/GATT XIX), characteristics, exceptional nature of remedy. 14.2 standard/powers of Review (Panel) (DSU 11) DSU 11, applicability GATT 527 “objective assessment of the facts”, de novo review, exclusion DSU 383 reasoned and adequate explanation (SG 3.1), need to confirm GATT 527, AG 146–9, DSU 383 US — Lamb (Panel), WT/DS177/R, WT/DS178/R, DSR 2001:IX determination of serious injury or threat thereof (SG 4), requirements evaluation of all relevant factors (SG 4.2(a)) “as a whole” AG 119 segmented domestic industry and AG 164–5 reasoned and adequate explanation requirement and AG 164–5 “serious injury” (SG 4.1(a))/ “threat of serious injury” (SG 4.1(b)), “clearly imminent” AG 121, 123 “threat of serious injury” (SG 4.1(b)) actual increase in imports, need for AG 125 data from recent past/throughout investigation period, relative importance AG 123 interpretation of covered agreements, guidelines, effectiveness principle (ut res magis valeat quam pereat/effet utile), meaning to be attributed to every word and phrase AG 7 investigation of conditions for safeguard measures, requirements (SG 3.1/SG 4.2(c)) data of an objective and quantifiable nature methodology, absence of provision AG 136 judicial economy, prior decision on another point rendering discussion otiose AG 228, 236–7 “like or directly competitive product” (SG 2.1/SG 4.1(c)) “domestic industry” (SG 4.1(c)) and AG 2 “collective output … constitutes a major proportion”, representative data and AG 134–6 finding of inconsistency with, effect AG 127 publication of findings and reasoned conclusions on all pertinent issues of fact and law, authorities’ obligation (SG 3.1) AG 68 reasoned and adequate explanation, need for (SG 3.1), segmented domestic injury, in case of (SG 4.2(a)) AG 164–5 relationships within and between agreements GATT XIX:1/SG 2 and 4 AG 82, 87, 88 GATT XIX:1(a)/SG 8 AG 237 SG 2/SG 4 AG 21 SG 2.1, 4.1(c) and 4.2(b)/SG 2.2, 3.1, 5.1, 8, 11 and 12 AG 82, 87, 211, 226, 236, 241–2 SG 4.1(b)/SG 4.1(c) AG 127 safeguard measures (SG/GATT XIX) conditions (SG 2), “as a result of unforeseen developments” (GATT XIX:1(a)), omission from SG 2.1, relevance GATT 570, AG 7 relationship between Safeguards Agreement and GATT XIX AG 2 continuing applicability of GATT XIX GATT 570 safeguard measures (SG/GATT XIX), characteristics, exceptional nature of remedy AG 2 Safeguards Agreement, Preamble, as evidence of object and purpose AG 2 US — Lead and Bismuth II (AB), WT/DS138/AB/R, DSR 2001:V and DSR 2001:VI amicus curiae briefs, panel’s authority/discretion to accept or reject DSU 420, 1044–6 Appellate Body (AB) (DSU 17) replacement of member (ABWP 13), in case of death DSU 842 reports, extension of deadline for circulation (DSU 17.5) DSU 443, 849 countervailing duties (SCM, Part V), review of need for continued imposition (SCM 21.2), burden/standard of proof SCM 301–2 judicial economy, discretionary nature DSU 1035 relationships within and between agreements, AD 17.6/SCM 30 SCM 390, 426, DSU 393 SCM Agreement, dispute settlement (SCM 30), special or additional rules or procedures, whether SCM 390 special or additional rules and procedures for dispute settlement (DSU 1.2 and Appendix 2), SCM 30 as SCM 390 standard/powers of Review (AB) (issues of law and legal interpretations) (DSU 17.6), non-applicability to covered agreements other than Anti-Dumping Agreement such as the SCM and SPS Agreements DSU 393 subsidy, definition (SCM 1), conferral of benefit (SCM 1.1(b)), “is conferred” SCM 54 Working Procedures (appellate review (DSU 17.9 and ABWP)) adoption, AB authority DSU 836 fair, prompt and effective resolution of disputes as object and purpose, change of composition of Appellate Body and DSU 849 US — Lead and Bismuth II (Panel), WT/DS138/R and Corr.2, DSR 2001:V and DSR 2001:VI countervailing duties (SCM, Part V) compliance with GATT VI:3 and SCM Agreement (SCM 10) SCM 49, 235 “countervailing duty” (SCM 10, footnote 36), “offsetting” requirement SCM 235 imposition and collection (SCM 19) nexus, need for (SCM 19.4), ordinary meaning SCM 286 ordinary meaning SCM 286 implementation of panel or AB recommendations (DSU 19.1) right of panel or AB not to make suggestions DSU 516 right of panel or AB to make suggestions DSU 509 interpretation of covered agreements, ordinary meaning, “subsidy found to exist” (SCM 19.4) SCM 286 investigation of dumping (AD 5)/subsidy (SCM 11), object and purpose (SCM, Part V) SCM 286–7 relationships within and between agreements, AD 17.6/SCM 30 SCM 390 SCM Agreement, dispute settlement (SCM 30), special or additional rules or procedures, whether SCM 390 special or additional rules and procedures for dispute settlement (DSU 1.2 and Appendix 2), SCM 30 as SCM 390 subsidy, calculation in terms of benefit to recipient (SCM 14), practice at time of bestowal (SCM 1.1), relevance SCM 258 subsidy definition (SCM 1) conferral of benefit (SCM 1.1(b)) “benefit” SCM 49 passing the benefit through SCM 65–6 privatization, effect SCM 65–6 US — Line Pipe (AB), WT/DS202/AB/R, DSR 2002:IV determination of serious injury or threat thereof (SG 4), requirements causation (SG 2.1/SG 4.2(b)), reasoned and adequate explanation (SG 3.1) GATT 527, AG 68–71, 177, 204–5 causation (SG 4.2(b)), factors other than increased imports causing injury, non-attribution requirement AG 204 customs unions and free trade areas (GATT XXIV) exception and GATT 724 evaluation of all relevant factors (SG 4.2(a)), “factors other than increased imports” (SG 4.2(b)), non-attribution, need for demonstration of AG 204 “serious injury” (SG 4.1(a))/ “threat of serious injury” (SG 4.1(b)) as continuum AG 79 quota modulation and (SG 5.2(b)) AG 80, 84, 229 “serious injury” (SG 4.1(a)), higher threshold AG 79 developing country Members (SG 9) exclusion of developing country exporting less than de minimis levels (SG 9.1) AG 238–9 expected effect of measure, relevance AG 239 list of excluded countries, need for AG 238 interpretation of covered agreements applicable law, customary rules of interpretation of public international law [as codified in the Vienna Convention on the Law of Treaties (1969)], SG 5.1 AG 222 guidelines, object and purpose, SG/GATT XIX GATT 525, AG 222 means, same or closely related phrases in different agreements, AD 3.5/SG 4.2() AG 205, 214 notification and consultation (SG 12) “adequate opportunity for prior consultations” (SG 12.3) AG 272 level of concessions (SG 8.1) and AG 234 as “sufficient time for meaningful exchange” AG 234 proportionality countermeasures (SCM 4.10) DSU 72 safeguard measures (SG 5.1) (“to the extent necessary”) and AG 13–14, 220–2 publication of findings and reasoned conclusions on all pertinent issues of fact and law, authorities’ obligation (SG 3.1) AG 68, 75 quota modulation (SG 5.2(b)) AG 80, 229 reasoned and adequate explanation, need for (SG 3.1) application of safeguard measures (SG 5.1) and AG 95 causation (SG 2.1/SG 4.2(b)) GATT 527, AG 68–71, 177, 204–5 relationships within and between agreements, AD 3.5/SG 4.2(b) AG 205 safeguard measures (SG/GATT XIX) application of measures (SG 5) “demonstration” of compliance, relevance AG 95 imports, limitation to AG 222 quota modulation and (SG 5.2(b)) AG 80, 229 “to the extent necessary” (proportionality) (SG 5.1) AG 13–14, 220–2 “clear justification”, need for AG 220 serious injury limited to increased imports, limitation to AG 221–2 conditions (SG 2) “as a result of unforeseen developments” (GATT XIX:1(a)), reasoned and adequate explanation, need for (SG 3.1) AG 68–71 as extraordinary/emergency remedy GATT 525 parallelism between SG 2.1 and SG 2.2, “product being imported” GATT 724, AG 68–71 right to apply measure and exercise of right distinguished AG 13–14 separate determinations of threat and injury, need for AG 78–81 “such increased quantities”, sufficient to cause serious injury or threat “serious injury” and “threat” whether mutually exclusive alternatives AG 78 level of concessions (SG 8), “equivalent”, “adequate opportunity for prior consultations” (SG 12.3) and AG 234 standard/powers of Review (Panel) (DSU 11), DSU 11, applicability GATT 527 State responsibility for breach of international obligations countermeasures, proportionality AG 222 proportionality DSU 72 US — Line Pipe (Panel), WT/DS202/R, DSR 2002:IV determination of serious injury or threat thereof (SG 4), requirements current serious injury AG 120 “serious injury” (SG 4.1(a))/ “threat of serious injury” (SG 4.1(b)), “clearly imminent” AG 121 “such increased quantities”, trends, need to examine AG 48, 155 executive summaries non-summarized material, inclusion in panel report DSU 827 panel’s request for DSU 827 implementation of panel or AB recommendations (DSU 19.1), right of panel or AB not to make suggestions DSU 520 non-discriminatory administration of quantitative restrictions (GATT XIII), distribution of trade as close as possible to expected shares in absence of restrictions as aim (GATT XIII:2, chapeau) GATT 435 relationships within and between agreements, GATT XIII/SG 5 GATT 451–2, AG 227 safeguard measures, application of measures (SG 5), nondiscrimination (GATT XIII) and GATT 451–2, AG 227 safeguard measures (SG/GATT XIX) conditions (SG 2) “product being imported” (SG 2.1), “recent” AG 33–4, 120 “such increased quantities”, methodology, Panel’s right to examine AG 35–7 relationship between Safeguards Agreement and GATT XIX GATT 567 standard/powers of Review (Panel) (DSU 11), “objective assessment of the facts”, methodology for evaluating increase in imports (SG 2.1/GATT XIX:1(a)) AG 35–7 tariff quotas, applicability of GATT XIII:2(a) GATT 438, 452 US — Offset Act (Byrd Amendment) (AB), WT/DS217/AB/R, WT/DS234/AB/R, DSR 2003:I and DSR 2003:II Appellate Body (AB) (DSU 17), replacement of member (ABWP 13), for serious personal reasons (Presiding Member) DSU 843 burden of proof, good faith (including pacta sunt servanda principle (VCLT 26)) DSU 47 competence of panels and AB (DSU 3.2), jurisdictional issues, panel’s obligation to determine DSU 863 due process (dispute settlement proceedings), notice of appeal, requirements (ABWP 20(2)) DSU 250, 863 evidence (panel procedures) (DSU 12) time limits for submission panel’s right to admit “late” evidence DSU 956 information in the public domain DSU 370 relevance/significance of evidence and DSU 370 good faith (including pacta sunt servanda principle (VCLT 26)) burden of proof/presumption of DSU 47 as fundamental rule of treaty interpretation/performance SCM 247 interpretation of covered agreements means, footnotes to treaty AD 671 ordinary meaning, “specific action against dumping” GATT 324–6 investigation of dumping (AD 5)/subsidy (SCM 11) support for (AD 5.4/SCM 11.4) authorities’ need to determine level AD 267, SCM 243–4 “by or on behalf of the domestic industry” SCM 243–6 identity of provisions AD 268 SCM 248 measure as mandate/incentive SCM 246 motivation for support, relevance AD 267, SCM 245 multiple complainants (DSU 9) single panel, “whenever feasible” (DSU 9.1) separate reports (DSU 9.2) panel’s discretion DSU 299 timeliness of request DSU 297 notice of appeal, requirements (ABWP 20(2)) due process and DSU 250 notification of challenge to panel’s exercise of jurisdiction DSU 250, 863 statement of allegation of error on issues of law/legal interpretations (ABWP 20(2)(d)), generic statement, sufficiency DSU 859 preliminary rulings on, timing of objections DSU 983 preliminary rulings (procedural aspects), on, panel’s obligation to determine jurisdictional issues DSU 863 relationships within and between agreements, AD 18.1 and SCM 32.1/WTO XVI:4 WTO 233 SCM Agreement, conformity of laws, regulations and administrative procedures with SCM Agreement (SCM 32.5) SCM 404 specific action against dumping (AD 18.1) or subsidy (SCM 32.1) in accordance with GATT VI as interpreted by AD/SCM Agreement AD 667–8 action under other relevant provisions of GATT 1994 distinguished (AD 18.1, footnote 24) GATT 324–6 clarificatory nature of footnotes AD 671 “except in accordance with the provisions” SCM 393 “practices”, limitation to GATT 326 standard/powers of Review (AB) (issues of law and legal interpretations) (DSU 17.6) excess of jurisdiction, in absence of claim by party DSU 863 matters challenged by parties, limitation to, jurisdictional issues distinguished DSU 863 new facts DSU 460 standard/powers of Review (Panel) (DSU 11), objections, requirements, timeliness DSU 250 US — Offset Act (Byrd Amendment) (Panel), WT/DS217/R, WT/DS234/R, DSR 2003:I and DSR 2003:II adverse effects (SCM 5) existence of “benefit”, need for SCM 202 nullification or impairment of benefits (SCM 5(b)) SCM 200–1 presumption under DSU 3.8 distinguished SCM 200, DSU 99 specific subsidy causing (SCM 5(b)) DSU 101 as required element for actionable subsidy SCM 199 SCM 7.1 as context SCM 201 “use” of subsidy SCM 201, DSU 99 Anti-Dumping Agreement (AD), GATT VI and, dumping, constituent elements (AD 2/GATT VI:1), specific reference in legislation, relevance GATT 327 developing country Members, panel reports, need for specific reference to form in which account has been taken of special needs (DSU 12.11) LIC 415, DSU 415 implementation of panel or AB recommendations (DSU 19.1), right of panel or AB to make suggestions DSU 512 multiple complainants (DSU 9), single panel, “whenever feasible” (DSU 9.1), separate reports (DSU 9.2), timeliness of request DSU 297 nullification or impairment (DSU 3.8) foreseeability and DSU 100 presumption in case of inconsistency with covered agreement, adverse effects (SCM 5) distinguished SCM 200, DSU 99 panel reports, developing country Members and (DSU 12.11) DSU 415 price undertakings (AD 8)/undertakings (SCM 18), practicality, relevance (AD 8.3/SCM 18.3) AD 459 request for establishment of panel, requirements (DSU 6.2), legal basis of claim, limitation of jurisdiction to cited provisions whether (DSU 7.2), developing country Members, special and differential provisions and (DSU 12.1) DSU 415 SCM Agreement, conformity of laws, regulations and administrative procedures with SCM Agreement (SCM 32.5) SCM 404 special and differential treatment for developing country Members (Doha Declaration), terms of reference of panels (DSU 7) and DSU 415 specific action against dumping (AD 18.1) or subsidy (SCM 32.1) in accordance with GATT VI as interpreted by AD/SCM Agreement AD 667–8 “practices”, limitation to GATT 326 US — Offset Act (Byrd Amendment) (Article 22.6) (all), WT/DS217/ARB, DSR 2004:IX arbitration (DSU 22.6) preliminary rulings (procedural aspects) DSU 693 procedural issues, rulings on DSU 693 specificity requirements, product list DSU 664 of concessions for non-implementation of DSB recommendations and rulings (DSU 22), level equivalent to nullification or impairment (DSU 22.4), reasoned estimates, need for DSU 716 nature and purpose of counter measures DSU 650–1 nullification or impairment (DSU 3.8), presumption in case of inconsistency with covered agreement DSU 711 preliminary rulings (procedural aspects), arbitration (DSU 22.6) DSU 693 suspension of concessions for non-implementation of DSB recommendations and rulings (DSU 22) level equivalent to nullification or impairment (DSU 22.4) DSU 682–3 disbursements operating as subsidies DSU 724 US — Offset Act (Byrd Amendment) (Article 22.6 — Brazil), WT/DS217/ARB/BRA, DSR 2004:IX, suspension of concessions for non-implementation of DSB recommendations and rulings (DSU 22), level equivalent to nullification or impairment (DSU 22.4), trade effect and DSU 712 US — Offset Act (Byrd Amendment) (Article 22.6 — Canada), WT/DS234/ARB/CAN, DS 2004:IX arbitration (DSU 22.6), scope of review/arbitrators’ mandate (DSU 22.7), suspension of concessions or “other obligations”, limitations on role DSU 705–7 suspension of concessions for non-implementation of DSB recommendations and rulings (DSU 22) agreement to DSU 760 “or other obligations”, authorization to suspend (DSU 22.2) DSU 670 specificity requirement DSU 673 US — Offset Act (Byrd Amendment) (Article 22.6 — Mexico), WT/DS234/ARB/MEX, DSR 2004:IX, suspension of concessions for non-implementation of DSB recommendations and rulings (DSU 22), “or other obligations”, authorization to suspend (DSU 22.2) DSU 671 US — Offset Act (Byrd Amendment) (Article 21.3), WT/DS217/14 WT/DS234/22, DSR 2003:III developing countries, implementation of DSB recommendations and rulings (DSU 21.2) DSU 547 implementation of recommendations and rulings of the DSB (DSU 21) impracticality of immediate compliance/reasonable period of time (DSU 21.3, chapeau) “reasonable period” complexity of implementation process choice of methods, relevance DSU 587 as legal criterion DSU 575 developing country Members and (DSU 21.2) DSU 547 international obligations, relevance of need to take into account DSU 589 reasonable period, limitation to cases of impracticality DSU 552 risk of harm to economic operators, relevance DSU 590 US — Oil Country Tubular Goods Sunset Reviews (AB), WT/DS268/AB/R,DSR 2004:VII determination of injury (AD 3) cumulative assessment (AD 3.3), sunset review (AD 11.3), applicability to AD 537 “positive evidence” / “objective examination” requirement (AD 3.1), sunset review (AD 11.3), applicability to AD 523 due process (dispute settlement proceedings), clear presentation of the problem (DSU 6.2) and DSU 230 evidentiary rules (investigation of dumping) (AD 6), facts available to investigating authority, right of resort to (AD 6.8/Annex II), time limits, right to set (AD 6.1.1), sunset reviews and AD 319–20 good faith (including pacta sunt servanda principle (VCLT 26)) legislation as such, challenge to and DSU 175 seriousness of claim/need for diligence in presentation DSU 175 legislation as such, right to challenge (WTO XVI:4) good faith (including pacta sunt servanda principle (VCLT 26)) DSU 175 normative value as determining factor DSU 181 preliminary rulings on, specificity of request for panel (DSU 6.2) DSU 945 relationships within and between agreements AD 3.3/AD 11.3 AD 537 AD 3.7/AD 11.3 AD 530 request for establishment of panel, requirements (DSU 6.2) identification of specific measures at issue, specificity, preliminary ruling on DSU 945 “present the problem clearly” DSU 230 sunset review (AD 11.3) (including “likelihood” test) cumulative assessment (AD 3.3), applicability AD 537 mandatory rule/exception AD 511 methodology absence of specific provision AD 522–3 “likelihood of injury” obligations (AD 3), applicability AD 522–3 overall/separate factor determination AD 542 “positive evidence”, need for AD 516 US — Oil Country Tubular Goods Sunset Reviews (Panel), WT/DS268/AB/R,DSR 2004:VIII due process (dispute settlement proceedings), clear presentation of the problem (DSU 6.2) and DSU 234 implementation of panel or AB recommendations (DSU 19.1), right of panel or AB not to make suggestions DSU 526 oils, sunset review (AD 11.3) (including “likelihood” test), “positive evidence”, need for, presumptions, exclusion AD 526–7 preliminary rulings on, claims outside terms of reference DSU 952 relationships within and between agreements AD 5.8/AD 11.3 AD 540 request for establishment of panel, requirements (DSU 6.2), “present the problem clearly”, due process considerations DSU 234 sunset review (AD 11.3) (including “likelihood” test) methodology absence of specific provision AD 520–1 “likelihood of injury” obligations (AD 3), applicability AD 520–1 time-frame AD 529 US — Section 110(5) Copyright Act (Panel), WT/DS160/R, DSR 2000:VIII copyright protection (Berne Convention (1971)) applicability to WTO members (TRIPS 9) TRIPS 38–9 broadcasting to the public (Berne 11bis) applicability (Berne 11bis(1)) TRIPS 41 limitations and exceptions (TRIPS 13) and TRIPS 59–61 compulsory licence, right to substitute (Berne 11bis2) TRIPS 49 nature and scope of protection TRIPS 47 as specific application of Berne 11 rule TRIPS 46 limitations and exceptions (TRIPS 13) and TRIPS 59–61 minor exceptions doctrine TRIPS 51–2, 60–1 copyright protection (WIPO Copyright Treaty (1996)), conflict with TRIPS provisions, avoidance TRIPS 42 intellectual property rights (TRIPS) limitations and exceptions (TRIPS 13) Berne Convention (1971) broadcasting to the public (Berne 11bis) and TRIPS 59–61 conflict with, exclusion TRIPS 54 cumulative nature TRIPS 58 legitimacy/legitimate public policy and TRIPS 63–5 limitation to new TRIPS rights, whether TRIPS 56 “which do not conflict with a normal exploitation of the work” application to individual exclusive rights, need for TRIPS 68 “exploit” TRIPS 66 “normal” TRIPS 67 “which do not unreasonably prejudice the legitimate interests of the right holder” “legitimate” TRIPS 72 ordinary meaning TRIPS 72 “prejudice”, criteria/test TRIPS 73–5 “unreasonably” TRIPS 73 interpretation of covered agreements applicable law, customary rules of interpretation of public international law [as codified in the Vienna Convention on the Law of Treaties (1969)], conflict, avoidance TRIPS 41 guidelines, conflict, avoidance TRIPS 41–2, 54 means, Berne Convention (1971), Articles 11 and 11bis TRIPS 51 ordinary meaning “interests” (TRIPS 13) TRIPS 72 “unreasonably prejudice” (TRIPS 13) TRIPS 73 relationships within and between agreements, TRIPS/Berne Convention (1971) TRIPS 38–42 TRIPS Agreement Berne Convention and (TRIPS 9) conflict, avoidance TRIPS 41 incorporation, effect TRIPS 38–9 minor exceptions doctrine TRIPS 52, 60–1 treaty succession (VCLT 30) and TRIPS 39 WIPO Copyright Treaty (1996) and TRIPS 42 US — Section 110(5) Copyright Act (Article 21.3), WT/DS160/12, DSR 2001:II implementation of recommendations and rulings of the DSB (DSU 21) impracticality of immediate compliance/reasonable period of time (DSU 21.3, chapeau), “reasonable period”, complexity of implementation process, choice of methods, relevance DSU 586 prompt compliance (DSU 21.1), adoption of report, obligation to begin implementation following DSU 541 US — Section 110(5) Copyright Act (Article 25.3), WT/DS160/ARB25/1, DSR 2001:II arbitration (DSU 25) advantages DSU 791 applicable law AB practice DSU 796 burden of proof (DSU 22.6) DSU 789 DSU 21 and 22 (DSU 25.4) DSU 790, 797 confidentiality of proceedings, applicability of AB practice DSU 796 jurisdiction/arbitrators’ mandate agreement of parties (DSU 25.1 and 25.2) as basis DSU 791, 800 Article 25 arbitration as alternative to panel procedure DSU 790, 798 compétence de la compétence DSU 778 determination of level of nullification or impairment (DSU 3.8) and DSU 788, 790–1 determination of WTO-consistency of measure DSU 797 prompt and satisfactory resolution of disputes, Members’ right to (DSU 3) and DSU 791, 803 procedural requirements Article 22.6 proceedings distinguished DSU 794, 802 consistency with WTO rules and principles, responsibility for ensuring DSU 787 notification of arbitration to DSB, limitation to DSU 787, 799 burden of proof, arbitration (DSU 25) DSU 789 confidentiality of proceedings (DSU 14/DSU 17.10/DSU 18.2/WP 3) acceptance of information or technical advice (DSU 13) and DSU 424, 795 non-confidential summary of information (DSU 18.2) DSU 796 copyright protection (Berne Convention (1971)) broadcasting to the public (Berne 11bis) applicability (Berne 11bis(1)) TRIPS 45 Members’ obligations and right holders exercise of rights distinguished TRIPS 45, 48 Dispute Settlement Understanding (DSU), “dispute settlement”, expeditious arbitration as alternative means (DSU 25.1) DSU 790 information or technical advice, panel’s right to seek (DSU 13/SPS 11.2) panel’s rights confidentiality considerations DSU 424, 795 to accept or reject requested information or advice DSU 424, 795 prompt and satisfactory resolution of disputes, Members’ right to (DSU 3), impairment of benefits by measures taken by another Member (DSU 3.3), arbitration (DSU 25) and DSU 791, 803 standard/powers of Review (Panel) (DSU 11), “objective assessment of the facts”, facts available at time of establishment of panel, limitation to DSU 794 suspension of concessions for non-implementation of DSB recommendations and rulings (DSU 22) level equivalent to nullification or impairment (DSU 22.4) Article 25.3 Arbitrator’s right to review DSU 788, 790–1 benefits foregone by right holders and Member distinguished DSU 793 critical date DSU 794 economic benefits as measure DSU 792 US — Section 129(c)(1) URAA (Panel), WT/DS221/R, DSR 2002:VII implementation of recommendations and rulings of the DSB (DSU 21), suspension of WTO-inconsistent measure during “reasonable period of time”, need for DSU 567–8 legislation as such, right to challenge (WTO XVI:4) mandatory/discretionary legislation, distinguishability AD 601 relationships within and between agreements DSU 187 order of analysis mandatory nature of legislation/consistency with WTO obligations AD 601 mandatory/discretionary nature of legislation/substance DSU 187 US — Section 211 Appropriations Act (AB), WT/DS176/AB/R, DSR 2002:II fair and equitable procedures (TRIPS 42) international minimum standard (TRIPS 1.3) and TRIPS 124 as procedural requirement TRIPS 124–5 “right holders” TRIPS 123 intellectual property rights (TRIPS) “intellectual property” (TRIPS 1.2), categories covered TRIPS 4 international minimum standard (TRIPS 1.3), procedural rights (TRIPS 42) and TRIPS 124 interpretation of covered agreements, guidelines, effectiveness principle (ut res magis valeat quam pereat/effet utile) DSU 58 MFN treatment (TRIPS 4), “less favourable treatment”, offset, applicability to all trademark owners requirement TRIPS 28–9 municipal law as evidence of compliance with international obligations DSU 363, 452 determination as legal issue DSU 452 interpretation of legislation distinguished DSU 365 national treatment (TRIPS 3) “less favourable treatment” GATT III:4 compared TRIPS 19, 27 GATT practice TRIPS 27 offset applicability to all trademark owners requirement TRIPS 20–1 discretionary administrative procedure as TRIPS 22–3 protection of trade-related property rights and TRIPS 19–23 standard/powers of Review (AB) (issues of law and legal interpretations) (DSU 17.6) classification as issue of law or fact, compliance/consistency with treaty obligations, assessment of municipal law for purpose of determining DSU 452 completion of the legal analysis in case of, contentiousness/ omission/insufficiency of facts DSU 473 trade names, obligation to protect (TRIPS) TRIPS 5, 12 trade names (Paris Convention (1967) (PC 8)) applicability of trademark findings TRIPS 124 incorporation in TRIPS Agreement TRIPS 5, 12 ownership issues and TRIPS 13 trademarks (Paris Convention (1967) (PC)) registration in country other than that of applicant’s origin acceptance of trademark registered in country of origin according to domestic legislation in that country (PC 6quinquies) TRIPS 11 “as is” / “telle quelle” TRIPS 11 right of Paris Union Members to determine conditions (Art. 6(1)) TRIPS 7 trademarks (TRIPS) denial of protection on “other grounds” (TRIPS 15.2) TRIPS 77 “other grounds” for denial of registration (TRIPS 15.2) TRIPS 77 “protectable subject-matter” (TRIPS 15) TRIPS 76–7 “distinctiveness” requirements, restrictions on legislative conditions and TRIPS 76 rights conferred (TRIPS 16) “the owner” (TRIPS 16.1) TRIPS 79 usage and registration as basis of ownership distinguished TRIPS 79–80 Working Procedures (appellate review (DSU 17.9 and ABWP)), written responses (ABWP 28) DSU 886 US — Section 211 Appropriations Act (Panel), WT/DS176/R, DSR 2002:II trade names, obligation to protect (TRIPS) TRIPS 5, 12 trade names (Paris Convention (1967) (PC 8)), incorporation in TRIMs Agreement TRIPS 5, 12 trademarks (Paris Convention (1967) (PC)), expropriation (PC 6bis) TRIPS 8 US — Section 301 Trade Act (Panel), WT/DS152/R, DSR 2000:II burden of proof, prima facie case, need for, inconclusive outcome/”equipoise” DSU 992 Dispute Settlement Understanding (DSU) obligation to have recourse to (DSU 23.1) as “exclusive jurisdiction” clause DSU 782 “recourse to, and abide by” DSU 782–3 interpretation of covered agreements guidelines hierarchical relationship between elements in VC 31, whether DSU 26 security and predictability (DSU 3.2) DSU 20 legislation as such, right to challenge (WTO XVI:4) WTO 229 mandatory/discretionary legislation distinguishability relevance DSU 189 State responsibility and DSU 70, 778 municipal law as evidence of compliance with international obligations DSU 356 interpretation of legislation distinguished DSU 356 State responsibility for breach of international obligations, legislation as such and DSU 70, 778 US — Section 337 (GATT Panel), BISD 365/345 General Exceptions (GATT XX), two-tier analysis (justification under paras. (a)-(j)/compliance with chapeau) GATT 584 n. 816 national treatment, regulatory discrimination (GATT III:4), “less favourable treatment”, equality of competitive conditions as test GATT 266, 267 arbitration (DSU 22.6), timing in relation to Article 21.5 arbitration (“sequencing”), ad hoc procedural agreements, recourse to Article 21.5 before Article 22 DSU 627 implementation of recommendations and rulings of the DSB (DSU 21), ad hoc procedural agreements DSU 627 US — Shrimp (AB), WT/DS58/AB/R, DSR 1998:VII abuse of rights/abus de droit, pacta sunt servanda/performance in good faith (VCLT 26) SCM 247, DSU 43 access to dispute settlement process, limitation to WTO Members DSU 1041 amicus curiae briefs, panel’s authority/discretion to accept or reject DSU 402, 418–19, 1049 Dispute Settlement Body (DSB) access to, limitation to WTO Members DSU 1041 proper parties DSU 1041 due process (application of trade measures) GATT 596 due process (dispute settlement proceedings), notice of appeal, requirements (ABWP 20(2)) DSU 857 environment, protection as legitimate goal of national and international policy WTO 3 “exhaustible natural resources” (GATT XX(g)) as evolutionary concept WTO 3, GATT 627 living natural resources, whether WTO 3, GATT 627 sustainable development as objective WTO 3, 4 “full use of the resources of the world” distinguished WTO 4 WTO Preamble as aid to interpretation WTO 3, GATT 586 GATT 1947, WTO continuity with WTO 4 General Exceptions (GATT XX) jurisdiction of Member, relevance GATT 574 two-tier analysis (justification under paras. (a)-(j)/compliance with chapeau) GATT 578, 584 General Exceptions (GATT XX), chapeau application of measure as means of arbitrary or unjustifiable discrimination “between countries where the same conditions prevail” GATT 587 between importing and exporting countries GATT 589 discrimination in substantive GATT obligations distinguished GATT 586, 592 failure to consider appropriateness or regulatory programme as GATT 593–5 as balance between competing rights GATT 575, 584–5 good faith and GATT 585, DSU 43 preparatory work (VCLT 32) GATT 584 prevention of abuses of exceptions as objective GATT 584 General Exceptions (GATT XX), measures relating to the conservation of exhaustible natural resources (GATT XX(g)) jurisdictional limitation, whether GATT 626 “made effective in conjunction with”, as balance between conservation and domestic production/consumption GATT 639 “relating to”, “primarily aimed at” distinguished GATT 634 good faith (including pacta sunt servanda principle (VCLT 26)) abuse of rights/abus de droit and GATT 585, SCM 247, DSU 43 GATT XX and GATT 585 treaty performance and SCM 247 information or technical advice, panel’s right to seek (DSU 13/SPS 11.2) panel’s rights to accept or reject requested information or advice DSU 418–19 to accept or reject unrequested information or advice DSU 418–19, 1043 to evaluate information or advice DSU 418 to evaluate source of information or advice DSU 418 interpretation of covered agreements guidelines parties’ intentions (VCLT 31(1)), preamble as reflection of GATT 586 text/plain language (VCLT 31(2)) DSU 26 means, preparatory work (VCLT 32), GATT XX GATT 584 notice of appeal, requirements (ABWP 20(2)) due process and DSU 857 statement of allegation of error on issues of law/legal interpretations (ABWP 20(2)(d)) identification of facts requiring panel to draw inferences DSU 856 indication of appropriate factual or legal inferences DSU 856 legal argument in support of claim distinguished DSU 856 publication and administration of trade regulations (GATT X), uniform, impartial and reasonable administration (GATT X:3(a)) GATT 371 relationships within and between agreements, GATT XX chapeau/GATT XX paras. (a)-(i) exceptions GATT 578 sustainable development: see “exhaustible natural resources” (GATT XX(g)), sustainable development as objective third party rights, panel proceedings (DSU 10 and Appendix 3), opportunity to be heard (DSU 10.2) DSU 402 Working Procedures (appellate review (DSU 17.9 and ABWP)), written responses (ABWP 28) DSU 884 Working Procedures (panel) (DSU 12.1 and Appendix 3 (WP)) access to dispute settlement process (DSU 12.6) DSU 402, 1041 submission, right of (DSU 12.6 and WP 4) DSU 402, 1041 WTO Agreement GATT 1947, continuity with WTO 4 phrases, “exhaustible natural resources”: see “exhaustible natural resources” (GATT XX(g)) Preamble, legal relevance all covered agreements, applicability to WTO 4 GATT XX, applicability to WTO 3 US — Shrimp (Panel), WT/DS58/R and Corr.1, DSR 1998:VII General Exceptions (GATT XX), jurisdiction of Member, relevance GATT 574 non-discriminatory administration of quantitative restrictions (GATT XIII), elimination of quantitative restrictions (GATT XI) and GATT 421 quantitative restrictions, elimination (GATT XI) GATT XIII and GATT 446 “prohibition or restriction” (GATT XI:1) GATT 400 relationships within and between agreements GATT I/GATT XI GATT 415 GATT XI:1/GATT I:1 and XIII:1 GATT 64, 421 GATT XI/GATT XIII GATT 446 US — Shrimp (Article 21.5 — Malaysia) (AB), WT/DS58/AB/RW, DSR 2001:XIII decisions, procedures and customary practices under GATT 1947 (WTO XVI:1) AB reports DSU 81 panel reports (adopted) DSU 81 municipal law, as fact for purposes of international adjudication, decisions of municipal courts, applicability, unfinished proceedings, relevance DSU 359 review of implementation of DSB rulings (DSU 21.5) DSU 599 competence of DSU 21.5 (compliance) panel determination of consistency of measure with WTO obligations DSU 599 limitation to claims at time of referral to review panel DSU 599 “measures taken to comply” examination on basis of facts proved during panel proceedings DSU 599 measure subject of original dispute distinguished DSU 599 unappealed finding and DSU 608 Working Procedures (appellate review (DSU 17.9 and ABWP)) oral hearings (ABWP 27), change of date DSU 854 timetable, modification in exceptional circumstances (ABWP 16(2)) DSU 854 US — Softwood Lumber III (Panel), WT/DS236/R, DSR 2002:IX countervailing duties (SCM, Part V) imposition and collection (SCM 19), expedited review, right to (SCM 19.3) SCM 283–5 review of need for continued imposition (SCM 21.2) in absence of request SCM 299 administrative review SCM 298 interpretation of covered agreements guidelines text/plain language (VCLT 31(2)) SCM 264, 293 exceptional circumstances, relevance SCM 266 means preamble of agreement under consideration SCM 265 preparatory work (VCLT 32), working paper, status SCM 35 ordinary meaning, “goods” (SCM 1.1(a)(iii)) SCM 30 phrases “goods” (SCM 1.1(a)(iii)) SCM 30–3 “products” distinguished SCM 33 specific terms and phrases, “goods” (SCM 1.1(a)(iii)) SCM 30–3 legislation as such, right to challenge (WTO XVI:4), future application distinguished SCM 285, 299 provisional measures (SCM 17) date of commencement (SCM 17.3) SCM 276–7 retroactivity (SCM 20) and SCM 277, 291–3 relationships within and between agreements SCM 1.1/SCM 14 SCM 79 retroactivity (SCM 20), exceptions SCM 277, 291–3, 295 SCM Agreement, object and purpose (SCM 1), definition of subsidy “for purposes of this agreement” SCM 2 subsidy, calculation in terms of benefit to recipient (SCM 14) adequacy of remuneration (SCM 14(d)) inclusion of Government data, effect SCM 79, 268 “prevailing market conditions” SCM 75, 263–8 “to recipient” (chapeau) SCM 265 subsidy, definition (SCM 1) conferral of benefit (SCM 1.1(b)), passing the benefit through SCM 67–8 financial contribution (SCM 1.1(a)(1)) AG 6–7, SCM 9, 498 provision of goods or services (SCM 1.1(a)(1)(iii)) “goods” and “products” distinguished SCM 33 natural resources, applicability to SCM 34–5 “provides” SCM 29 SCM 14(d), relevance SCM 263 US — Softwood Lumber IV (AB), WT/DS257/AB/R, DSR 2004:II amicus curiae briefs, panel’s authority/discretion to accept or reject DSU 1055 Appellate Body (AB) (DSU 17) replacement of member (ABWP 13), for serious personal reasons DSU 844 countervailing duties (SCM, Part V) compliance with GATT VI:3 and SCM Agreement (SCM 10) SCM 239–40 “countervailing duty” (SCM 10, footnote 36), “any subsidy bestowed directly or indirectly” SCM 236 interpretation of covered agreements guidelines, multiple authentic languages (VCLT 33), presumption of identity of meaning (VCLT 33(3)) SCM 34 means, dictionaries, cautious approach to SCM 34 ordinary meaning, “goods” (SCM 1.1(a)(iii)) SCM 34 phrases, “goods” (SCM 1.1(a)(iii)) SCM 34, 36 municipal law, characterization of transactions, appropriateness as applicable law DSU 364 SCM Agreement, object and purpose (SCM 1) SCM 501 specific action against dumping (AD 18.1) or subsidy (SCM 32.1) in accordance with GATT VI as interpreted by AD/SCM Agreement, calculation of amount of subsidy (SCM 14(d)) and SCM 397 standard/powers of Review (AB) (issues of law and legal interpretations) (DSU 17.6), completion of the legal analysis in case of, contentiousness/omission/ insufficiency of facts DSU 475 subsidy, definition (SCM 1) conferral of benefit (SCM 1.1(b)) passing the benefit through SCM 69 “countervailing duty” (SCM 10, footnote 36) and SCM 237, 239–40 third party rights, AB proceedings (ABWP 24), time limits for filing of submissions (ABWP 26) DSU 876 Working Procedures (appellate review (DSU 17.9 and ABWP)), timetable, modification in exceptional circumstances (ABWP 16(2)) DSU 876 WTO Agreement, obligation to ensure conformity of domestic laws, regulations and administrative procedures (WTO XVI:4), characterization of transaction under municipal law, relevance DSU 364 US — Softwood Lumber IV (Panel), WT/DS257/R, DSR 2004:II interpretation of covered agreements means, dictionaries, cautious approach to SCM 34 ordinary meaning, “goods” (SCM 1.1(a)(iii)) SCM 34 phrases, “goods” (SCM 1.1(a)(iii)) SCM 34–6 subsidy, definition (SCM 1), financial contribution (SCM 1.1(a)(1)), provision of goods or services (SCM 1.1(a)(1)(iii)), “provision” and “purchase” distinghuised SCM 28, 501 subsidy, specificity (SCM 2) principles determining (SCM 2.1), relevant factors other than those listed under SCM 2.1(a) and (b) (SCM 2.1(c)). “account be taken of” SCM 86 relevant factors other than those listed under SCM 2.1(a) and (b) (SCM 2.1(c)) SCM 85 US — Softwood Lumber V (AB), WT/DS264/AB/R, DSR 2004:V Appellate Body (AB) (DSU 17), reports, as precedent DSU 82 decisions, procedures and customary practices under GATT 1947 (WTO XVI:1), AB reports DSU 82 determination of dumping (AD 2) calculation of dumping margins (AD 2.4) comparison of weighted average normal value with weighted average of all comparable export transactions (AD 2.4.2) AD 77 product types/product as a whole (AD 2.4.2) AD 81 “margins” of dumping AD 75 cost data (AD 2.2.1.1), “shall consider all available evidence” AD 32 standard/powers of Review (AB) (issues of law and legal interpretations) (DSU 17.6), classification as issue of law or fact alleged failure of panel to make objective assessment (DSU 11) DSU 453 US — Softwood Lumber V (Panel), WT/DS264/R, DSR 2004:V determination of dumping (AD 2) calculation of administrative, selling and general costs and profits (AD 2.2.2), “pertaining to” AD 34 fair comparison of export price and normal value (AD 2.4), “due allowance”, “differences which affect price comparability” AD 60–1 implementation of panel or AB recommendations (DSU 19.1), right of panel or AB to make suggestions DSU 502 investigation of dumping (AD 5)/subsidy (SCM 11) evidence, sufficiency (AD 5.2), “such evidence is reasonably available to the applicant” AD 233 rejection of application (AD 5.8), applicability prior to initiation of investigation AD 287 “like product” (AD 2.6), “another product” AD 92 preliminary rulings on admissibility of information not made available to investigating authorities DSU 959 claims outside terms of reference DSU 950 preliminary rulings (procedural aspects), timing DSU 987 request for establishment of panel, requirements (DSU 6.2), legal basis of claim, limitation of jurisdiction to cited provisions, whether (DSU 7.2) DSU 950 standard/powers of Review (Panel) (AD 17.6), “facts made available” (AD 17.5(ii)), evidence before authority at time of determination, limitation to DSU 959 US — Softwood Lumber VI (Panel), WT/DS277/R, DSR 2004:VI determination of injury (AD 3) substantive obligations as focus of AD 3, underlying principles (AD 3.1) and AD 108 threat of material injury (AD 3.7) AD 3.2 and SCM 15.2 factors and AD 198 AD 3.4 factors and AD 197 establishment “based on facts, not merely allegation, conjecture or remote possibility” a “clearly foreseen and imminent” change of circumstances, need for AD 188 “consideration” of facts AD 190–2 “special care” requirement (AD 3.8) AD 202–3 order of analysis, AD-consistent measure/compliance with public notice (AD 12.2) requirements AD 562 relationships within and between agreements, AD 17.6/DSU 11 AD 627, DSU 394 standard/powers of Review (AB) (issues of law and legal interpretations) (DSU 17.6), non-applicability to covered agreements other than Anti-Dumping Agreement including the SCM and SPS Agreements DSU 394 standard/powers of Review (Panel) (AD 17.6) assessment of the facts (AD 17.6(i)), de novo review, exclusion AD 627 interpretation of relevant provisions of AD (AD 17.6(ii)) “admits of more than one permissible interpretation” AD 645 DSU 11 compared AD 645 US — Spring Assemblies (GATT Panel), BISD 30S/107, General Exceptions (GATT XX), applicability to GATT as a whole (chapeau) GATT 529 n. 828 US — Stainless Steel (Panel), WT/DS179/R, DSR 2001:IV Anti-Dumping Agreement (AD), principles (AD 1), “initiated and conducted in accordance with the provisions of this Agreement”, violation of other AD provisions as evidence of breach of AD 1 AD 6 competence of panels and AB (DSU 3.2) competence of domestic courts, need to avoid trespassing on GATT 384 preservation of rights and obligations of Members under covered agreements GATT 384 determination of dumping (AD 2) calculation of dumping margins (AD 2.4) “as nearly as possible the same time” AD 86–7 comparison of weighted average normal value with weighted average of all comparable export transactions (AD 2.4.2) “comparable” AD 85 multiple averaging (AD 2.4.2) AD 84–5 fair comparison of export price and normal value (AD 2.4) “due allowance” “costs … incurred between importation and resale” AD 66 differences in “terms and conditions of sale” AD 62–4 legal effect/”should also be made” AD 65 object and purpose AD 66 risk of bankruptcy, relevance AD 62–4 for unforeseeable costs AD 66 exchange rates and (AD 2.4.1) AD 58–72 determination of relevant currency AD 70 general “fair comparison” requirement and AD 71 when “required” AD 69 “sales made at as nearly as possible the same time” AD 55 relationship between, paragraphs of AD 2 AD 11 implementation of panel or AB recommendations (DSU 19.1), right of panel or AB not to make suggestions DSU 518 interpretation of covered agreements applicable law, customary rules of interpretation of public international law [as codified in the Vienna Convention on the Law of Treaties (1969)] AD 62 guidelines effectiveness principle (ut res magis valeat quam pereat/effet utile) AD 65 text/plain language (VCLT 31(2)) AG 44–5, AD 63, 68 n. 86 means, dictionaries AD 66 non-discriminatory administration of quantitative restrictions (GATT XIII), publication and administration of trade regulations (GATT X:3(a)) GATT 394 publication and administration of trade regulations (GATT X) Anti-Dumping Agreement and GATT 394 uniform, impartial and reasonable administration (GATT X:3(a)), “uniform” GATT 384 relationships within and between agreements AD 1, 9 and 18/GATT VI/AD 3, 5, 7, 12 and Annex I, para. 2 AD 6 AD 2 as a whole AD 11 AD 2/AD 6 AD 441 AD 2.4.1/GATT X:3(a) GATT 394 AD 2.4, sentences within AD 54 AD 2.4/AD 2.4.2 AD 85 AD 2.4.1/AD 2.4 AD 71 AD 2.4.1/AD 12 AD 564 AD 6.8/AD, Annex II AD 378 AD 6.8/Annex II AD 378 standard/powers of Review (Panel) (AD 17.6) assessment of the facts (AD 17.6(i)), “unbiased and objective” AD 634 “facts made available” (AD 17.5(ii)), evidence before authority at time of determination, limitation to AD 631 consultations (DSU 21.5), ad hoc procedural agreement DSU 636 review of implementation of DSB rulings (DSU 21.5) ad hoc procedural agreements consultations DSU 636 non-prejudice to parties’ other rights DSU 641 US — Steel Plate (Panel), WT/DS206/R and Corr.1, DSR 2002:VI anti-dumping duties, imposition and collection (AD 9), lesser duty, possibility of (AD 9.1) AD 584 determination of dumping (AD 2), relationship between, AD 2.2 and AD 2.4/AD 6.8 AD 94 developing country Members (AD 15) “constructive remedy” decision not to impose anti-dumping duties AD 580 n. 724 lesser duty or price undertaking AD 584 “explore” AD 584 obligations (first sentence) AD 577 “special regard” AD 579 evidence (panel procedures) (DSU 12), time limits for submission, resurrection of abandoned claims AD 619, DSU 285 evidentiary rules (investigation of dumping) (AD 6) facts available to investigating authority, right of resort to (AD 6.8/Annex II) Annex II, mandatory nature AD 380 in case of partial lack of necessary information AD 390–1 in case of verifiable information, “verifiable” (Annex II, para. 3) AD 393 “information appropriately submitted …” (Annex II, para. 3) AD 395 information in medium or computer language required (Annex II, para. 1) AD 404 information provided within reasonable period, investigating authorities’ obligation to use AD 389–91 obligation to submit information “as soon as possible” (Annex II, para. 1) AD 380 resort to, requirements AD 389–91 “shall” AD 380 facts available to investigating authority, right to use (AD 6.8/Annex II), “less favourable result” as possible consequence of failure to cooperate (AD Annex VII, para. 7), “to the best of its ability” AD 407 implementation of panel or AB recommendations (DSU 19.1) choice of means at Member’s discretion (DSU 21.3) DSU 528 right of panel or AB not to make suggestions DSU 521 right of panel or AB to make suggestions DSU 501 interpretation of covered agreements guidelines, object and purpose, AD as a whole AD 390 means, dictionaries AD 389 nn. 503 and 504, 393 ordinary meaning, “all” AD 389 specific terms and phrases “all” (AD 6.8) AD 389 “shall” (AD 6.8) AD 380 legislation as such, right to challenge (WTO XVI:4) mandatory/discretionary legislation, distinguishability, facts available to investigating authority, right of resort to (AD 6.8/Annex II) and AD 420 “practice” AD 604 multiple complainants (DSU 9), single panel, “whenever feasible” (DSU 9.1), separate reports (DSU 9.2), structure DSU 300 municipal law, as fact for purposes of international adjudication AD 420 n. 559 relationships within and between agreements AD 6.8/AD 9.3 AD 476 AD 17.6/DSU 11 AD 641 request for establishment of panel, requirements (DSU 6.2) abandoned claim, right to resurrect DSU 285 identification of specific measures at issue independent operational status of each listed measure, need for DSU 197 “practice” as measure DSU 197 right of panel or AB to make suggestions DSU 501 standard/powers of Review (Panel) (AD 17.6), assessment of the facts (AD 17.6(i)), DSU 11 compared AD 641 third party rights, panel proceedings (DSU 10 and Appendix 3), claims, resurrection of abandoned DSU 285 US — Steel Safeguards (AB), WT/DS248/AB/R, WT/DS249/AB/R, WT/DS251/AB/R, WT/DS252/AB/R, WT/DS258/AB/R, WT/DS259/AB/R, DSR 2003:VIII amicus curiae briefs, panel’s authority/discretion to accept or reject DSU 1054 confidentiality of proceedings (DSU 14/DSU 17.10/DSU 18.2/WP 3), non-confidential summary of information (DSU 18.2) DSU 484, 819 determination of serious injury or threat thereof (SG 4), requirements causation (SG 4.2(b)) factors other than increased imports causing injury, non-attribution requirement AG 74–6 order of analysis, relevance AG 209 imports from sources excluded from measure as an “other factor” AG 75 “serious injury” (SG 4.1(a)), as “significant overall impairment” / “very high standard of injury” AG 176 “such increased quantities”, trends, need to examine AG 42–5 interpretation of covered agreements means, dictionaries GATT 545 ordinary meaning, “result” (GATT XIX:1(a)) GATT 545 multiple complainants (DSU 9), single panel, “whenever feasible” (DSU 9.1), separate reports (DSU 9.2), timeliness of request DSU 298 notice of appeal, requirements (ABWP 20(2)) conditional appeal, exclusion DSU 870 notification of allegation of panel’s failure to make objective assessment (DSU 11) DSU 868 panel reports, rationale, need for (DSU 12.7), sufficiency DSU 410 “product being imported” (SG 2.1), as sudden and recent increase AG 43–5 publication of findings and reasoned conclusions on all pertinent issues of fact and law, authorities’ obligation (SG 3.1) GATT 540 multiple findings AG 93 reasoned and adequate explanation, need for (SG 3.1) “as a result of unforeseen developments” (GATT XIX:1(a)) GATT 527–8, 537, 540, AG 97, 107 “demonstration”, need for GATT 536, 538–9 causation (SG 2.1/SG 4.2(b)) AG 45, 74–7 non-compliance with SG 3.1 as violation of SG 2.1/SG 4 AG 97 panel’s obligation to confirm AG 107 publication as authorities’ obligation GATT 540 relationships within and between agreements GATT XIX/SG 3.1 and SG 4.2(c) AG 106 SG 2 and 4/SG 3 AG 97 SG 3.1/SG 4.2(c) AG 105 safeguard measures (SG/GATT XIX) conditions (SG 2) “as a result of unforeseen developments” (GATT XIX:1(a)) “demonstration”, need for prior to application of measure GATT 536 in respect of each measure GATT 538–9 reasoned and adequate explanation, need for (SG 3.1) GATT 527–8, 537, 540, AG 72, 77, 93, 97 causation (SG 2.1), relevant factors (SG 4.2(a))/ “under such conditions” (SG 2.1), equivalence AG 57 parallelism between SG 2.1 and SG 2.2, “parallelism”, basis for AG 73 “product being imported” (SG 2.1) “being imported” AG 46 separate determinations AG 76 “such increased quantities”, sufficient to cause serious injury or threat AG 47 standard/powers of Review (AB) (issues of law and legal interpretations) (DSU 17.6), completion of the legal analysis in case of, contentiousness/omission/insufficiency of facts DSU 474 standard/powers of Review (Panel) (DSU 11) applicability to SG/GATT XIX AG 107 DSU 11, applicability GATT 527 reasoned and adequate explanation (SG 3.1), need to confirm AG 97 US — Steel Safeguards (Panel), WT/DS248/R and Corr.1, WT/DS249/R and Corr.1, WT/DS251/R and Corr.1, WT/DS252/R and Corr.1, WT/DS253/R and Corr.1, WT/DS254/R and Corr.1, , WT/DS258/R and Corr.1, WT/DS259/R and Corr.1 causation (SG 4.2(b)), causation (SG 2.1/SG 4.2(b)) AG 72, 97, 184 confidentiality of information (SG 3.2), reasoned and adequate explanation requirement (SG 3.1) and AG 110 determination of serious injury or threat thereof (SG 4), requirements causation (SG 4.2(b)) analysis of conditions of competition, need for AG 189–91 coincidence of trends in imports and in injury factors AG 181–5 imports from sources excluded from measure as an “other factor” AG 72 quantification, relevance AG 206–8 reasoned and adequate explanation AG 72, 97, 184 evaluation of all relevant factors (SG 4.2(a)), price analysis, relevance AG 60–1 “such increased quantities”, trends, need to examine AG 42, 45 evidence (panel procedures) (DSU 12), time limits for submission, “rebuttal submissions” / “rebuttals” DSU 373, 957 executive summaries length/structure DSU 829 panel’s request for DSU 829 preliminary ruling on DSU 976 interim review (DSU 15), confidentiality of reports DSU 434 investigation of conditions for safeguard measures, requirements (SG 3.1/SG 4.2(c)) interested parties, obligation to consult AG 94 internal decision-making process, relevance AG 96 reasoned and adequate explanation (SG 3.1), timing of report and AG 103 preliminary rulings on confidentiality issues DSU 967 executive summaries DSU 976 timetable for panel proceedings DSU 975 timing of submission of evidence DSU 957 “product being imported” (SG 2.1), as sudden and recent increase AG 40–2 proportionality, safeguard measures (SG 5.1) (“to the extent necessary”) and AG 15 publication of findings and reasoned conclusions on all pertinent issues of fact and law, authorities’ obligation (SG 3.1) AG 72 format of report, relevance AG 102 multiple findings AG 93 timing of report, relevance AG 103 reasoned and adequate explanation, need for (SG 3.1) “as a result of unforeseen developments” (GATT XIX:1(a)), “demonstration”, need for GATT 536, 538–9 confidential information (SG 3.2) and DSU 110 publication as authorities’ obligation, timing of report, relevance AG 103 relationships within and between agreements GATT XIX/SG 3.1 and SG 4.2(c) AG 106 SG 3.1/SG 3.2 AG 110 SG 3.1/SG 4.2(c) AG 105 safeguard measures (SG/GATT XIX) application of measures (SG 5), “to the extent necessary” (proportionality) (SG 5.1) AG 15 conditions (SG 2) “as a result of unforeseen developments” (GATT XIX:1(a)) “as a result … of the effect of obligations incurred by Member” GATT 554 “as a result of” GATT 544 confluence of developments as GATT 543 “demonstration”, need for prior to application of measure GATT 536 in respect of each measure GATT 538–9 reasoned and adequate explanation, need for (SG 3.1) GATT 526, AG 45, 72, 93, 97 reasoned and adequate explanation, need for (SG 3.1) GATT 526, AG 45, 72, 93 right to apply measure and exercise of right distinguished AG 15 standard/powers of Review (Panel) (DSU 11) applicability to SG/GATT XIX GATT 526 de novo review, exclusion GATT 526 reasoned and adequate explanation (SG 3.1), need to confirm GATT 526 Working Procedures (panel) (DSU 12.1 and Appendix 3 (WP)) “rebuttal submissions”, amendment to “rebuttals” DSU 373, 957, 977 time limits for filing of written submissions (DSU 12.5 and WP), modification by agreement DSU 834 timetable for panel process, establishment (DSU 12.3), flexibility DSU 830 US — Sugar Waiver (GATT Panel), BISD 37S/228 relationships within and between agreements, GATT II/GATT XIII GATT 111 Schedules of Concessions (GATT II) diminishment of obligations, exclusion GATT 84–5 interpretation and clarification, Vienna Convention on the Law of Treaties GATT 111 non-discriminatory administration of quantitative restrictions (GATT XIII) and GATT 111 “subject to the terms, conditions or qualifications in the schedule” (GATT II:1(b)), additional concession GATT 86 n. 157 US — Superfund (GATT Panel)BISD 34S/136, nullification or impairment (DSU 3.8), presumption in case of inconsistency with covered agreement DSU 95 US — Textiles Rules of Origin (Panel), WT/DS243/R and Corr.1, DSR 2003:VI interpretation of covered agreements guidelines, multiple authentic languages (VCLT 33), “unduly strict requirements” (RO 2(c)) RO 10 n. 18 means dictionaries RO 10 preparatory work (VCLT 32), RO 2(c) RO 10 n. 20 Rules of Origin Agreement (RO) disciplines (transition period) (RO 2) design and application, Members’ discretion RO 1 documentation requirements RO 10 n. 19 “fulfilment of a certain condition not related to manufacturing or processing” (RO 2(c)) RO 11 “negative” nature RO 1 non-discrimination (RO 2(d)), closely related goods RO 12 restrictive, distorting or disruptive effects on international trade, exclusion (RO 2(c)), adverse effects on trade in different goods RO 9 trade objectives, exclusion as instrument of (RO 2(b)) RO 2–3 design and structure of measure as evidence of protective application RO 4 GATT III:2 obligations compared RO 4 incidental trade effect distinguished RO 5 intention, relevance RO 4 “unduly strict requirements” (RO 2(c)) French and Spanish versions RO 10 n. 18 preparatory work (VCLT 32) RO 10 n. 20 RO 2(a) as context RO 10 “strict” RO 10 “unduly” RO 10 “rules of origin”, individual “rules” and system distinguished RO 9 n. 16 “unduly strict requirements” (RO 2(c)) RO 10 US — Tobacco (GATT Panel), BISD 41S/I/131, legislation as such, right to challenge (WTO XVI:4), mandatory/discretionary legislation, distinguishability DSU 183 US — Tuna (GATT Panel), DS29/R General Exceptions (GATT XX), applicability to GATT as a whole (chapeau) GATT 529 n. 828 nullification or impairment (GATT XXIII), measures in force, limitation to GATT 658 US — Underwear (AB), WT/DS24/AB/R, DSR 1997:I consultations (ATC 6.7), retroactivity (trade measures) (ATC 6.10) and ATC 101 interpretation of covered agreements guidelines, effectiveness principle (ut res magis valeat quam pereat/effect utile) DSU 53 means same or closely related phrases in different agreements, GATT X:2/ATC 6.10 ATC 99, 105, 117 publication and administration of trade regulations (GATT X) measures of general application (GATT X:1) GATT 365 transparency and due process (GATT X:2) GATT 369–70 relationships within and between agreements ATC 6.10/ATC 6 as a whole ATC 100 ATC 6.10/GATT X:2 ATC 99, 105, 117 retroactivity (trade measures) (ATC 6.10) ATC 99–105 ATC 6.10 measure as measure of general application (GATT X:2) ATC 99, 105, 117 consultations, request for and notification to TMB (ATC 6.11) and ATC 101 MFA provision, relevance ATC 102–3 provisional application of restraint measures authorized under ATC 10 (ATC 11) and ATC 104 retroactivity (ATC 6.10), MFA provision, relevance ATC 102–3 transitional safeguards (ATC 6), as balance of rights and obligations ATC 100 Working Procedures (appellate review (DSU 17.9 and ABWP)), written responses (ABWP 28) DSU 882 US — Underwear (Panel), WT/DS24/R, DSR 1997:I burden of proof, transitional safeguard measures (ATC 6) ATC 46 consultations (DSU 4) confidentiality (DSU 4.6), offers of settlement during consultations and DSU 138 legal status of offers made in course of unsuccessful consultations ATC 43, DSU 138, 140 “without prejudice” nature of obligation (DSU 4.6), offers made during consultations and DSU 140 implementation of panel or AB recommendations (DSU 19.1), right of panel or AB to make suggestions DSU 504 publication and administration of trade regulations (GATT X), retroactivity of trade measures (ATC 6.10) and GATT 370 quantitative restrictions (ATC 2) (integration process), conformity with ATC provisions, need for (ATC 2.4), transitional safeguards (ATC 6) and ATC 114 retroactivity (trade measures) (ATC 6.10), prior publication, relevance GATT 370 standard/powers of Review (Panel) (DSU 11) “objective assessment of the facts”, de novo review of facts, exclusion ATC 129, DSU 388 serious damage or actual threat thereof (ATC 6.2)/SG 4, Member’s determination of, statement to TMB, admissibility ATC 41–2, DSU 388 standard/powers of review (ATC 8.3) ATC 129 Textiles and Clothing Agreement (ATC), administration of restrictions (ATC 4), statements made during review proceedings, admissibility in panel proceedings (DSU 11) ATC 41–2 Textiles Monitoring Body (TMB) review proceedings, statements made during, admissibility in panel proceedings (DSU 11) ATC 41–2, DSU 389 standard/powers of review (ATC 8.3) ATC 129 transitional safeguards (ATC 6) attribution of damage from “sharp and substantial increase in imports” (ATC 6.4), comparative analysis ATC 85 n. 114, 90 burden of proof ATC 46 “more favourable treatment” for re-imports (ATC 6.6(d)) “in the application of” (ATC 6, chapeau) ATC 92 options for ATC 93 object and purpose (ATC 1.1) and ATC 1 serious damage or actual threat thereof (ATC 6.2), Member’s determination of, requirements “or actual threat thereof” ATC 54 US — Wheat Gluten (AB), WT/DS166/AB/R, DSR 2001:III adverse inferences from party’s refusal to provide information, panel’s right to draw, obligation to respond promptly to panel’s requests for information and (DSU 13.1), confidential information and AG 113 adverse inferences from party’s refusal to provide information, panel’s right to draw (DSU 13), judicial economy and DSU 366 competence of panels and AB (DSU 3.2), competence of panel and AB compared DSU 343, 451 confidentiality of information (SG 3.2), DSU 13.1 confidentiality requirements and AG 112 customs unions (GATT XXIV:5(a)), safeguard measures (SG 2.1, footnote 1) GATT 723 determination of serious injury or threat thereof (SG 4), requirements causation (SG 4.2(b)) factors other than increased imports causing injury, non-attribution requirement AG 173, 194–7, 202–3 order of analysis AG 197 relationships within and between agreements AG 56, 174 evaluation of all relevant factors (SG 4.2(a)) AG 118, 202 consistency of interpretation between SG 4.2(a) and SG 4.2(b), need for AG 140 factors not listed in SG 4.2(a), right/obligation to examine AG 160, 161 “factors other than increased imports” (SG 4.2(b)), non-attribution, need for demonstration of AG 203 factors relating to imports and domestic industry AD 148 n. 187, AG 139–40, 202 price analysis, relevance AG 59 “serious injury” (SG 4.1(a))/ “threat of serious injury” (SG 4.1(b)), as “significant overall impairment” / “very high standard of injury” (SG 4.1(a)) AG 118, 176 information or technical advice, panel’s right to seek (DSU 13/SPS 11.2), confidentiality of information (SG 3.2) and AG 113 interpretation of covered agreements means, same or closely related phrases in same agreement, SG 2.1/SPG 2.2 AG 66 ordinary meaning “immediately” (SG 12.1) AG 248 “investigation” (SG 3.1) AG 90 investigation of conditions for safeguard measures, requirements (SG 3.1/SG 4.2(c)) evaluation of all factors, obligation of competent authorities to seek information additional to that supplied by interested parties AG 90–3 interested parties notification to AG 90 opportunity to respond to presentations of other parties AG 90 opportunity to submit evidence and views AG 90 judicial economy adverse inferences and DSU 366 prior decision on another point rendering discussion otiose GATT 551 notification and consultation (SG 12) “adequate opportunity for prior consultations” (SG 12.3) AG 270 level of concessions (SG 8.1) and AG 233 “all pertinent information” (SG 12.2), precise description of proposed measure sufficient for prior consultation under SG 12.3 AG 271 “immediately” (SG 12.1) AG 248 “immediately” (SG 12.1(a)) AG 251 “immediately” (SG 12.1(b)) AG 254 “immediately” (SG 12.1(c)) AG 257–9 timing (SG 12.1)/content (SG 12.2) distinguished AG 257–8 publication of findings and reasoned conclusions on all pertinent issues of fact and law, authorities’ obligation (SG 3.1) AG 68 relationships within and between agreements DSU 13/SG 3.2 AG 112 GATT XIX:1/SG 2 and 4 GATT 551 SG 2.1/SG 4.2(b) AG 56, 174, 204 SG 4.2(a)/SG 4.2(b) AG 140 safeguard measures (SG/GATT XIX) conditions (SG 2) causation (SG 2.1), relevant factors (SG 4.2(a))/ “under such conditions” (SG 2.1), equivalence AG 49, 56, 59, 174 free trade agreements/customs unions and (SG 2.1, footnote 1) GATT 723 parallelism between SG 2.1 and SG 2.2, “product being imported” AG 66 level of concessions (SG 8) “equivalent” AG 233 “adequate opportunity for prior consultations” (SG 12.3) and AG 233 standard/powers of Review (AB) (issues of law and legal interpretations) (DSU 17.6), classification as issue of law or fact, alleged failure of panel to make objective assessment (DSU 11) DSU 343, 451 standard/powers of Review (Panel) (DSU 11), “objective assessment of the facts” DSU 343, 451 US — Wheat Gluten (Panel), WT/DS166/R, DSR 2001:III confidentiality of information (SG 3.2) AG 108–9 non-confidential summaries (SG 3.2) AG 109 panel’s right to seek information or technical advice (DSU 13/SPS 11.2), relevance AG 111–12 confidentiality of proceedings (DSU 14/DSU 17.10/DSU 18.2/WP 3), panel’s right to seek information or technical advice (DSU 13/SPS 11.2), relevance AG 111–12 customs unions (GATT XXIV:5(a)), safeguard measures (SG 2.1, footnote 1) GATT 723 determination of serious injury or threat thereof (SG 4), requirements causation (SG 4.2(b)) coincidence of trends in imports and in injury factors AG 180, 183 evaluation of all relevant factors of objective and quantifiable nature AG 172 factors other than increased imports causing injury, non-attribution requirement AG 56, 172, 194 relationships within and between agreements AG 56, 174 relevance in absence of serious injury AG 72 n. 128, 172 evaluation of all relevant factors (SG 4.2(a)) AG 144 all factors listed in SG 4.2(a) AG 144 factors not listed in SG 4.2(a), right/obligation to examine DSU 385 price analysis, relevance AG 59 “productivity” AG 159 “serious injury” (SG 4.1(a))/ “threat of serious injury” (SG 4.1(b)), as “significant overall impairment” / “very high standard of injury” (SG 4.1(a)) AG 117 information or technical advice, panel’s right to seek (DSU 13/SPS 11.2), confidentiality of information (SG 3.2) and AG 111–12 investigation of conditions for safeguard measures, requirements (SG 3.1/SG 4.2(c)) data of an objective and quantifiable nature methodology, absence of provision AG 167 representativeness AG 133 published report, confidential information (SG 3.2) and AG 108–9 “like or directly competitive product” (SG 2.1/SG 4.1(c)), “domestic industry” (SG 4.1(c)) and, “collective output … constitutes a major proportion”, representative data and AG 133 notification and consultation (SG 12) “immediately” (SG 12.1) AG 247 “immediately” (SG 12.1(a)) AG 250 “immediately” (SG 12.1(b)) AG 253 prompt and satisfactory resolution of disputes, Members’ right to (DSU 3), failure to provide confidential information (SG 3.2) and AG 113 relationships within and between agreements DSU 13/SG 3.2 AG 111 SG 2 and 4/SG 5 AG 225 SG 2/SG 4 AG 20 SG 2.1/SG 4.2(b) AG 56, 174 SG 3.2/SG 4.2(c) AG 217 safeguard measures (SG/GATT XIX) conditions (SG 2) causation (SG 2.1), relevant factors (SG 4.2(a))/ “under such conditions” (SG 2.1), equivalence AG 49, 54, 56 free trade agreements/customs unions and (SG 2.1, footnote 1) GATT 723 “product being imported” (SG 2.1), as sudden and recent increase AG 32 “such increased quantities” “rate and amount of the increase … in absolute and relative terms” (SG 4.2(a)) AG 180 sufficient to cause serious injury or threat AG 32 US — Wool Shirts and Blouses (AB), WT/DS33/AB/R and Corr.1, DSR1997:I burden of proof national treatment, regulatory discrimination (GATT III:4) GATT 232 onus probandi actori incumbit GATT 581, SPS 19, DSU 988 prima facie case, need for GATT 581 evidence necessary to establish, determination on case by case basis DSU 994 transitional safeguard measures (ATC 6) ATC 46 competence of panels and AB (DSU 3.2), “clarification of existing provisions” DSU 22 Dispute Settlement Understanding (DSU), “positive solution to a dispute” as aim (DSU 3.7) DSU 92 General Council (WTO IV:2), functions, interpretation of WTO Agreement WTO 160 General Exceptions (GATT XX), burden of proof GATT 581 interpretation of covered agreements, responsibility for (WTO IX:2), Ministerial Conference/General Council (WTO IV:2) WTO 159–60 judicial economy legal basis (DSU 11) DSU 1031–2 limitation of consideration to claims essential to resolution of dispute (DSU 3.2) DSU 21, 260, 1031 “positive solution to dispute” requirement (DSU 3.7) and DSU 1031 national treatment, regulatory discrimination (GATT III:4), burden of proof GATT 232 quantitative restrictions (ATC 2) (integration process), conformity with ATC provisions, need for (ATC 2.4), transitional safeguards (ATC 6) and ATC 114 relationships within and between agreements, GATT XI:1/GATT I:1 and XIII:1 GATT 64 request for establishment of panel, requirements (DSU 6.2), identification of specific measures at issue, termination of measures following interim review DSU 258 n. 370 standard/powers of Review (AB) (issues of law and legal interpretations) (DSU 17.6), findings or developed legal interpretations, limitation to (DSU 17.13) SPS 175, AG 479, DSU 455 standard/powers of Review (Panel) (DSU 11) “objective assessment of matter before it” all arguments, need to consider DSU 333 all legal claims, need to consider under DSU 3.2 DSU 333, 337 n. 492, 1032 “positive solution” requirement (DSU 3.7) and DSU 92 transitional safeguards (ATC 6) as balance of rights and obligations ATC 46 burden of proof ATC 46 US — Wool Shirts and Blouses (Panel), WT/DS33/R, DSR1997:I consultations (ATC 6.7) obligatory nature DSU 121 provisional application of restraint measures authorized under ATC 10 (ATC 11) and DSU 121 consultations (DSU 4), establishment of panel, as prerequisite, exceptions, TMB review proceedings (ATC 8.10) DSU 146 judicial economy GATT practice DSU 1030 legal basis (DSU 11) DSU 1030 nullification or impairment (GATT XXIII), measures in force, limitation to GATT 658 quantitative restrictions (ATC 2) (integration process), conformity with ATC provisions, need for (ATC 2.4), transitional safeguards (ATC 6) and ATC 115 request for establishment of panel, requirements (DSU 6.2) identification of specific measures at issue termination of measures following agreement on terms of reference DSU 266 termination of measures following interim review DSU 258 n. 370 standard/powers of Review (Panel) (DSU 11), “objective assessment of matter before it”, panel established under ATC 8.10 DSU 389 Textiles Monitoring Body (TMB) recommendations, legal status (ATC 8.9) ATC 130 review proceedings consultations (DSU 4) and DSU 146 information made available at time of request for consultations (ATC 6.7), limitation to DSU 121 role (ATC 8) dispute settlement panels distinguished ATC 120, DSU 390 fact-finding DSU 121 objective assessment of compliance with ATC 6 requirements DSU 121, 389 transitional safeguards (ATC 6) relevant factors (ATC 6.3), obligation to examine all ATC 78, AG 142 serious damage or actual threat thereof (ATC 6.2), Member’s determination of, requirements “demonstrably” ATC 74 “not by other factors” ATC 74
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