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Macau,
China, as WTO member
maritime
services
MFN treatment (GATS II), exemption GATS
32
progressive liberalization (GATS XIX) and GATS
114
Maritime
Services, Negotiating Group on, establishment GATS 138
market
access (AG 4)
concessions and commitments (AG 4.1)
consistency with GATT XIII GATT
450, DSU 908
reform process, as essential part of AG
126
measures required to be converted into ordinary customs
duties (AG 4.2 and footnote 1)
border measures
distorting effect AG 40
ordinary customs duties extinguished AG
40
elimination of quantitative restrictions (GATT XI) and AG
31
failure to convert by due date, effect AG
19
GATT II:1(b) and: see Schedules of Concessions
(GATT II), ordinary customs duties in excess of those provided for in
Schedule (GATT II:1(b))
interpretation AG 19: see also interpretation
of covered agreements, specific terms and phrases for individual phrases
special safeguards (AG 5.1) and AG
21–2
subsequent practice (VCLT 32(3)(b)) AG
23, DSU 31
measure and result of measure distinguished AG
29
State trading enterprises (GATT XVII) GATT
487
timing of obligation AG
19, 30
object and purpose AG 16
Market Access Committee
annual/periodic reports WTO
109
establishment WTO 72,
78, 107
non-tariff measures, decisions relating to GATT
414
rules of procedure WTO
73, 108
terms of reference WTO 107
market access (GATS XVI)
electronic commerce and GATS 68
excluded measures (GATS XVI:2)
quotas, exclusion (GATS XVI:2(a), (b) and (c)) GATS
71–2
temporal qualifications GATS 69–70
time-frame, need for (GATS XX:1(d)) GATS
70
market access for non-agricultural products (Doha
Declaration, para. 16): see also Market Access Committee
framework for establishing modalities (July package
(Annex B))
Negotiating Group on Market Access
establishment WTO 127
role WTO 127
marketing
costs:
see costs of marketing
exports (AG 9.1(d))
marks of origin (GATT IX), GATT practice
GATT 362
Marrakesh Ministerial Conference/Declaration
Code of Good Practice for the Preparation, Adoption and
Application of Standards TBT 39
DSU review WTO 169
material injury:
see determination of injury
(AD 3); SCM Agreement, determination of injury (SCM
15); transitional safeguards (ATC 6)
Mauritius, preferential tariff treatment for
least-developed country Members, notification GATT 60
mediation, request for in absence of dispute (DSU 5)
DSU
152–3
Melanesian Spearhead Group (MSG) Trade Agreement,
Enabling Clause and GATT 33
membership:
see
WTO, membership
MERCOSUR Ad Hoc Arbitral Tribunal
proceedings before as impediment (estoppel) to DSU
proceedings DSU 79, 248,
948
relevance of decisions in DSU proceedings DSU
23
MERCOSUR Agreement
Enabling Clause and GATT 34
Working Party on, terms of reference GATT
38, 701
Mexico
— Corn Syrup (Panel), WT/DS132/R and Corr.1,
DSR 2000:III
consultation and dispute settlement (AD 17)
legal basis for consultation/claim (AD 17.3/AD 17.4), “measure” (AD 17.4), provisional measures
AD 615
“matter”, referral to DSB (AD 17.4), identification
of measure at issue, need for (DSU 6.2) AD
611
request for establishment of panel, requirements
additional to DSU 6.2 AD 620
consultations (DSU 4), confidentiality (DSU 4.6), third
party participation and DSU 139
determination of injury (AD 3)
domestic production of like product, assessment of
effect on (AD 3.6), sectoral analysis, right to AD
186
evaluation of injury factors (AD 3.4)
all relevant economic factors and indices, need to
examine
eventual relevance of factor, relevance AD
149
factors not involving material injury, right to consider
AD 195
factors not listed in AD 3.4, right to consider AD
154
consideration of each factor, need to be “apparent”
in final determination AD 149
“injury” (AG 3, footnote 9), domestic industry (AD
4) and AD 106, 222
threat of material injury (AD 3.7)
AD 3.4 factors and AD
195–6
establishment “based on facts, not merely allegation,
conjecture or remote possibility”, “likelihood of substantially increased
importation” (AD 3.7(i)) AD 193
“domestic industry” (AD 4), “injury” (AG 3,
footnote 9) and AD 106, 222
investigation of dumping (AD 5)/subsidy (SCM 11)
evidence, sufficiency (AD 5.2)
evidence of causal link (AD 5.2(iv))
evidence for purposes of preliminary or final
determination distinguished AD 238
“information” and analysis distinguished AD
239
evidence, sufficiency, investigating authority’s
obligation to examine accuracy and adequacy (AD 5.3), “examine” AD
262
rejection of application (AD 5.8), procedural nature AD
283
legislation as such, right to challenge (WTO XVI:4), AD
17.3/AD 17.4 AD 611
panel reports, legal status, reports reversed by AB AD
257 n. 337
provisional measures (AD 7), duration (AD 7.4), claim
relating to as claim relating to definitive antidumping duty (AD 10) AD
615–16
public notice of initiation of investigation (AD 12.1),
separate report (AD 12.1.1), summary of factors (AD 12.1.1(iv)) AD
554–5
public notice of preliminary or final determination (AD
12.2), “all relevant information on the matters of fact and law and reasons”
for measures (AD 12.2.2) AD 149
relationships within and between agreements, AD 7.4/AD
17.2 AD 615–16
request for establishment of panel, requirements (DSU
6.2), nullification or impairment, indication of (AD 17.5(i)) AD
620–1
standard/powers of review (panel) (AD 17.6)
assessment
of the facts (AD 17.6(i)), AD 5.3 (sufficiency of evidence), applicability to AD
257
investigating authorities’ establishment of the facts
(AD 17.6(i)), “proper” AD 257
third party rights, confidentiality (DSU 4.6) and DSU
139
Mexico
— Corn Syrup (Article 21.5 — US) (AB),
WT/DS132/AB/RW, DSR 2001:XIII
determination of injury (AD 3)
threat of material injury (AD 3.7)
establishment “based on facts not merely allegation conjecture or remote possibility”
AD 199
a
“clearly foreseen and imminent” change of circumstances, need for AD
199
due process (dispute settlement proceedings), panel
reports, rationale (DSU 12.7) and DSU 408–9
good faith (including pacta sunt servanda principle
(VCLT 26)), objections to panel procedures DSU 938
interpretation of covered agreements
means, dictionaries DSU 408
specific terms and phrases, “basic rationale” (DSU
12.7) DSU 408
panel reports
rationale, need for (DSU 12.7) DSU
408
Article 21.5 proceedings and DSU
409
direct quotation from previous report, desirability DSU
408
sufficiency DSU 408
reference to previous panel report (DSU 21.5) DSU
408
surety and predictability of WTO obligations (DSU 3.2),
aid to DSU 408
preliminary rulings on
panel’s obligation to determine
jurisdictional issues DSU 247, 289
timing of objections DSU 980
request for establishment of panel, requirements (DSU
6.2)
consultations, indication as to whether held, request for Article 21.5
arbitration and DSU 644
fruitfulness of action (DSU 3.7), determination by
Member DSU 91
review of implementation of DSB rulings (DSU 21.5), DSU
6.2 procedures, applicability DSU 644
standard/powers of review (panel) (AD 17.6)
interpretation of relevant provisions of AD (AD
17.6(ii)), assessment of the facts (AD 17.6(i)) and, cumulative effect AD
646
investigating authorities’ establishment of the facts
(AD 17.6(i)), “proper” AD 199
standard/powers of review (panel) (DSU 11)
objections, requirements, opportunity to cure procedural
defect and DSU 938, 980
“objective assessment of the facts”, de novo review,
exclusion AD 199
preliminary ruling on, obligation DSU
247, 289
Working Procedures (panel) (DSU 12.1 and Appendix 3
(WP)), objections, requirements, good faith DSU 938
Mexico
— Corn Syrup (Article 21.5 — US) (Panel),
WT/DS132/RW, DSR 2001:XIII
determination of injury (AD 3)
threat of material injury (AD 3.7)
establishment “based on facts, not merely allegation,
conjecture or remote possibility”, “likelihood of substantially increased
importation” (AD 3.7(i)) AD 193
“material injury would occur” / “consequent impact”
AD 194–6
as responsibility of authorities AD
199, 217
Mexico
— Telecoms (Panel), WT/DS204/R, DSR 2004:IV
developing country Members
panel reports, need for specific reference to form in
which account has been taken of special needs (DSU 12.11) DSU
416
telecommunications, right to place reasonable conditions
on GATS 166
GATS Agreement
GATS Agreement, “public long-distance voice telephone
services” (UN 1991 Provisional Central Product Classification) GATS 10
relevant factors (GATS I:2(a)), supplier’s place of
operation or presence GATS 8
“trade in services” (GATS I:2) (cross-border trade)
commercial presence, sufficiency (GATS I:2(c)) GATS
14, 93
relevant factors (GATS I:2(a))
degree of interaction between suppliers GATS
12
links to another operator GATS
13
ownership and control of infrastructure to supply service
GATS 9–11
interpretation of covered agreements
guidelines, “special meaning” (VCLT 31(4)) DSU
32
means
“any subsequent agreement … regarding its
interpretation or application” (VCLT 31(3)(a)), Explanatory Note for GATS
negotiations, whether DSU 41
“any subsequent practice … which establishes the
agreement of the parties regarding its interpretation” (VCLT 31(1)(b)),
Explanatory Note for GATS negotiations, whether DSU 41
preparatory work (VCLT 32), Explanatory Note for GATS
negotiations, whether DSU 41
ordinary meaning
“cost-oriented rates” (Reference Paper on Basic
Telecommunications) GATS 98–100
“shall apply to all measures” (Annex on Basic
Telecommunications (GATS)) GATS 152
market access (GATS XVI)
excluded measures (GATS XVI:2)
quotas, exclusion (GATS XVI:2(a), (b) and (c)) GATS
71–2
temporal qualifications GATS 69–70
time-frame, need for (GATS XX:1(d)) GATS 70
municipal law, as justification for failure to fulfil
international obligations, exclusion (VCLT 27) GATS
83–5
panel reports, developing country Members and (DSU
12.11) DSU 416
Schedules of Specific Commitments (GATS XX)
non-performance, exclusion of municipal law as justification (VCLT 27)
GATS 83–5
required information (GATS XX:1), time-frame for
implementation (GATS XX:1(d)) GATS 70, 120–3
treaty status GATS 85
telecommunications
cross-border trade, relevant factors (GATS I:2(a))
commercial presence, sufficiency (GATS I:2(c)) GATS
14,
93
degree of interaction between suppliers GATS
12
links to another operator GATS
13
ownership and control of infrastructure to supply
service GATS 9–11
supplier’s place of operation or presence GATS
8
telecommunications, Annex on Basic Telecommunications
(GATS)
access and use (Section 5)
“any service supplier of any other member … for a
service included in its schedule” (Section 5(a)) GATS
153
by scheduled suppliers of basic telecommunications
GATS 152–4
“conditions” (Section 5(e)) GATS
162
developing country Members’ right to place reasonable
conditions on (Section 5(g)) GATS 166
interrelationship between Section 5(a) and Section
5(b)-(f) GATS 155–6
“necessary” (Section 5(e)) GATS
163
“reasonable and non-discriminatory” terms and
conditions (Section 5(a)) GATS 155
“reasonable” (Section 5(a)) GATS
158–9
“shall apply to all measures” (Section 2(a)) GATS
152
“subject to paragraphs (e) and (f)” GATS
160
“terms” (Section 5(a)) GATS
157
Reference Paper on Basic Telecommunications and GATS
167, DSU 915
“shall ensure”/obligation (Section 5(b)) GATS
161
unscheduled service, prevention (Section 5(e)(iii)) GATS
165
telecommunications, Reference Paper on Basic
Telecommunications (GATS XVIII)
Annex on Basic Telecommunications and GATS
167
“anti-competitive practices” (Section 1.2)
cross-subsidization GATS 83
horizontal price-fixing GATS 81–2
practices not listed under Section 1.2 GATS
82–3
practices required by domestic law relevance GATS
83-6
proportionate return system GATS
88
setting of uniform price GATS
87
competitive safeguards (Section 1.1) GATS
80–1
“appropriate measures” GATS
89
“major supplier” and GATS
81
interconnection (Section 2)
“cost-oriented rates” (Section 2.2(b))
aggregate price for domestic use/price for international
use comparison, validity GATS 103–4
“having regard to economic feasibility” GATS
102
incremental cost methodologies and GATS
100
international grey market rates, relevance GATS
105
ordinary meaning GATS 98–100
“reasonable” GATS 101
cross-border supply, applicability to GATS
91–4
“where specific commitments undertaken” (Section
2.1) GATS 90
“major supplier” (definitions)
“ability to affect the terms of participation” GATS
96
competitive safeguards (Section 1.1) and GATS
81
“control over essential facilities” GATS
97
relevant market, relevance GATS
95
“use of its position in the market” GATS
97
WTO Agreement, obligation to ensure conformity of
domestic laws, regulations and administrative procedures (WTO XVI:4),
non-performance of obligations under covered agreements, exclusion of
municipal law as justification (VCLT 27) GATS 83–5
MFA (Multi-fibre Agreement) measures, relevance
ATC
102–3, TBT 23
MFN treatment (GATS II)
GATS
20–33
determination of violation, requirements
aims and effects test GATT
132, GATS 28
analysis of evidence GATS 23
Exemptions, Annex on
Procedures for the Certification of Terminations,
Reductions and Rectifications GATS 126
review (Annex, para. 3) GATS
146
review (Annex, para. 4) GATS
147
termination of exemption period (Annex para 7), notification format
GATS 149
financial services, exemption (GATS:Fifth Protocol) GATS
31
judicial and administrative assistance, exclusion GATS
1, 20
“like service and service supplier” (GATS II:1),
wholesale transactions GATS 26–7
maritime transport services, exemption
Decision on Maritime Transport Services (1996) GATS 32
negotiations GATS 32
national treatment (GATS XVII) distinguished GATS
24
relationships within and between agreements, GATS
I:1/GATS II/XVII GATS 6, 22
telecommunications, exemption GATS
33
“treatment no less favourable” (GATS II:1), de
facto discrimination GATS 24
vertical integration/exclusive distribution
arrangements, effect GATS 25
MFN treatment (GATT I:1)
“accorded immediately and unconditionally to the like
product”
affiliation with designated local manufacturer/importer
requirement and GATT 19–20
conditional advantage and “advantage accorded
unconditionally” distinguished GATT 21
differential treatment on the basis of origin of product
and GATT 18, 23
local content requirement, relevance GATT
18
order of analysis GATT 11
private contractual arrangements, relevance GATT
18
“unconditionally” GATT
24
“advantage”
allocation of tariff quotas GATT
13
“any advantage … granted … to any product”
GATT 12
GATT practice GATT 14
“all other contracting parties”, regional
trade agreements (GATT XXIV:5) and GATT 22,
27, 66
anti-dumping and countervailing duties (GATT VI) and GATT
63, 341
customs duties and tax benefits as (GATT III:2) GATT
68
de facto discrimination GATT
10
findings under GATT III:4 and XX, relevance GATT 61
GATT 1947 practice GATT 62
“like product”: see “like product” (GATT
I)
as non-violation claim “benefit” (GATT XXIII:1(b)) GATT
659 n. 935
Waiver on Preferential Tariff Treatment for LDCs (1999) WTO
97
adoption and text GATT 58
notification procedure GATT
59
MFN treatment (TRIPS 4), “less favourable
treatment”, offset, applicability to all trademark owners requirement TRIPS 28–9
Millennium Round, failure to agree on
WTO
37
minimum import price:
see interpretation of
covered agreements, specific terms and phrases, “minimum import price” (AG
4.2, footnote 1)
Ministerial Conference (WTO IV:1):
see also Cancun
Ministerial Conference (2003); Doha
Declaration; Doha Round, decisions;
Geneva
Ministerial Conference; Geneva Ministerial
Conference/Declaration; Seattle
Ministerial Conference (1999); Singapore Ministerial Conference/ Declaration
(1996)
decisions: see also Notification Obligations and
Procedures, Working Group on
ACP-EC Partnership Agreement: see ACP-EC
Partnership Agreement
Implementation-Related Issues and Concerns: see Decision
on Implementation-Related Issues and Concerns
Procedures for Extensions under Article 27.4 of the SCM
Agreement for Certain Developing Country Members: see developing
country Members (SCM 27), phase out/standstill obligation (SCM 27.4),
extension of transition period
Transitional Regime for the EC Autonomous Tariff Rate Quotas on Imports of Bananas:
see Bananas,
Decision on Transitional Regime for the EC Autonomous Tariff Rate Quotas on
Imports of (Doha)
frequency of meetings WTO
34–40
General Council’s authority to act on behalf of WTO
49
powers
accession, decisions on WTO
41
adoption of amendments WTO
41
allocation of powers of Contracting Parties acting
jointly in the GATT to WTO organs WTO 44
appointment of Director-General WTO
41
balance of payments of payments, procedures in relation
to WTO 42
interpretation of WTO/Multilateral Trade Agreements WTO
41, 159–60
TRIPS Agreement, extension of non-applicability of
non-violation complaints WTO 43
waivers WTO 41
rules of procedure, adoption WTO
46, 48
Modalities Paper:
see Agriculture Agreement (AG), Modalities
Paper and
modification of Schedules (GATT XXVIII)
applicability of GATT I and XIII GATT
67, 85, 448,
731–2
applicability of GATT XI and GATT
396
GATT practice GATT 734
Understanding on the Interpretation of, review
(paragraph 1) GATT 733
waivers (GATT II) and GATT
113
monopolies and exclusive service providers (GATS VIII)
electronic commerce GATS 56
notification format GATS 57
Morocco,
preferential tariff treatment for least-developed country Members,
notification GATT 60
Movement of Natural Persons, Negotiating Group on,
establishment GATS 138
Movement of Natural Persons Supplying Services under the
Agreement (GATS, Annex), measures relating to the entry and stay of
natural persons GATS 150
multiple appeals (ABWP 23), joinder
DSU 837,
869
multiple complainants (DSU 9)
Article 22.6 arbitration and DSU
766
harmonization of panels and timetables (DSU 9.3), joint
meeting with experts DSU 305
prompt and satisfactory resolution of disputes, Members’
right to (DSU 3) and, joint meeting with experts DSU
305
single panel, “whenever feasible” (DSU 9.1) DSU
294
ordinary meaning DSU 294
separate reports (DSU 9.2) DSU
296–302
panel’s discretion DSU 299
structure DSU 300–2
timeliness of request DSU 297–8
third party participation in panel proceedings initiated
by another complainant DSU 304–8
multiple panels/same complainant/same dispute
possibility of DSU 154
separate reports DSU 302
municipal law
characterization of transactions, appropriateness as
applicable law DSU 364
as evidence of
compliance with international obligations DSU
355–6, 363,
452
Certain German Interests in Polish Upper Silesia DSU
355
determination as legal issue DSU
452
interpretation of legislation distinguished DSU
355–6,
359 n. 550, 365
state practice DSU 355
as fact for purposes of international adjudication AD
420 n. 559, DSU 355–6,
358
decisions of municipal courts, applicability DSU
359
unfinished proceedings, relevance DSU
359
legislative history, relevance DSU
360
right of panel/AB to examine consistency with WTO law DSU
362
incorporation of international SPS standard SPS
59
as justification for failure to fulfil international obligations,
exclusion (VCLT 27) DSU 357
mutually agreed/acceptable solution to matters raised
formally (DSU 3.6), notifications to DSB and relevant Councils and
Committees as of 31 December 2004 DSU 88
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