WTO | WTO analytical index: Guide to WTO Law and Practice

Integrated Framework for Trade-Related Technical Assistance to least-developed country Members and Joint Integrated Technical Assistance and Joint Integrated Technical Assistance Programme (JITAP), identification of ways of enhancing and rationalizing WTO 90: see also least-developed country Members, Integrated Framework for Trade-Related Technical Assistance to least-developed country Members (IF)

priorities, accession to membership

text

WTO Guidelines (1996) WTO 87

technical cooperation (TRIPS 67), WIPO-WTO Agreement TRIPS 150

“technical regulation” (TBT, Annex 1.1) TBT 2, 58-62

identifiability requirement TBT 58-62

express identification, relevance TBT 61

naming and labelling distinguished TBT 62

technical regulations, standards and conformity assessment procedures, information about (TBT 10) TBT 44-9

enquiry points (TBT 10.1 and 10.3) TBT 45-6

notification format for agreements with another country (TBT 10.7) TBT 49

technical regulations and standards (TBT Agreement), conformity assessment: see also “international standards … as a basis for technical regulation” (TBT 2.4)

Technical Working Group and TBT 41

telecommunications: see also International Telecommunications Union (ITU); Technical Barriers to Trade Agreement (TBT), standards, preparation, adoption and application of (TBT 4 and Annex 3 (Code))

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

MFN treatment (GATS II), exemption GATS 33

Negotiating Group on Basic Telecommunications, establishment GATS 115, 138

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

“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, DSU 915

“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

“competitive safeguards” (Section 1.1), “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

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

text GATS 79

use of GATS 79

termination: see investigation of dumping (AD 5)/subsidy (SCM 11), termination (SCM 11.9); notice of appeal, requirements (ABWP 20(2)), withdrawal of appeal (ABWP 30)

termination of treaty for breach (VCLT 60), rights created prior to, effect on (VCLT 70) DSU 643, 703

terms of reference (Committees and Working Groups): see individual Committees and Working Groups

terms of reference of panels (DSU 7): see also competence of panels and AB (DSU 3.2); relationships within and between agreements; request for establishment of panel, requirements (DSU 6.2); review of implementation of DSB rulings (DSU 21.5), competence of DSU 21.5 (compliance) panel; standard/powers of review (panel) (AD 17.6); standard/powers of review (panel) (DSU 11)

as definition of jurisdiction/legal claims at issue SPS 175, DSU 245-6

failure to make specific mention of alleged inconsistency (DSU 23.2(a)) DSU 286

legal claim included in terms of reference, limitation of jurisdiction to DSU 280-1, 287

due process and DSU 245, 274

failure of parties to produce evidence or arguments AG 18

“matter referred to the DSB”, as identified in DSU 6.2 (DSU 7.1) AD 613, 659, DSU 251-88

“claim” AD 613, DSU 213

request for establishment of panel as basis AD 617, DSU 156

special terms of reference (DSU 7.3) DSU 215-22, 291

unilateral amendment, exclusion DSU 260

textiles

developing country Members and (TBT 2, 5 and Annex 3 (international standards, guidelines and recommendations) TBT 42

least-developed country Members and, Decisions on Implementation-Related Issues and Concerns (para. 5.4)

Textiles and Clothing Agreement (ATC): see also quantitative restrictions (ATC 3); transitional safeguards (ATC 6)

circumvention of quotas (ATC 5) ATC 30-8

“appropriate action, to the extent necessary … “ (ATC 5.4) ATC 30, 31

“other remedies in consultation” ATC 32-5

Decision on Implementation-Related Concerns and Issues (Doha) (para. 4.1)

false declaration (ATC 5.6) ATC 37

introduction of new restraints, admissibility ATC 37

cotton-producing exporting members (ATC 1.4) ATC 4

least-developed country Members and (ATC 1, footnote 1) ATC 3

object and purpose, full integration of textiles into GATT ATC 34

Textiles Monitoring Body (TMB)

administration of restrictions (ATC 4) ATC 29

composition (ATC 8.1) DSU 122

ad personam status of members DSU 123-4

integration process (ATC 2) and ATC 6-21, 134

members, independence of governments ATC 124

notification requirements (ATC 6) ATC 340

provisional application of restraint measures authorized under ATC 10 (ATC 11) and ATC 107

recommendations

inability to conform, reasons (ATC 8.10) ATC 131-2

legal status (ATC 8.9) ATC 130

Report to Council for Trade in Goods on implementation of ATC provisions in favour of the least-developed countries ATC 3

review of integration process (ATC 8.11), reports to Council for Trade in Goods ATC 134

review proceedings

consultations (DSU 4) and DSU 146

information made available at time of request for consultations (ATC 6.7), limitation to ATC 45, DSU 121

inadequacy of information ATC 68-72, 94-8

right to request establishment of panel (DSU 4) following completion (ATC 8.10) DSU 121, 146

statements made during, admissibility in panel proceedings (DSU 11) ATC 41-2, DSU 388

table of disputes DSU 133

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

Singapore Declaration ATC 119

standard/powers of review (ATC 8.3) ATC 129

statements relating to

administrative arrangements, agreement on (ATC 2.17) ATC 21

conformity with ATC provisions, need for (ATC 2.4) ATC 6, 9

consultations (ATC 6.7) ATC 94-8

“ex-positions” (ATC 2.6) ATC 10-13

growth-on-growth provisions (ATC 2.13 and 2.14)

ATC 17-20

improvements in access (ATC 2.18) ATC 23

inability to conform with TMB recommendations, reasons (ATC 8.10) ATC 131-2

late notifications (ATC 2.7(b)) ATC 14

notifications (ATC 2.8(a) and 2.11) ATC 15

provisional application of restraint measures authorized under ATC 10 (ATC 11) ATC 106, 107, 108-12

restrictions other than those covered by the MFA (ATC 3) ATC 25-8

review proceedings ATC 45

transitional safeguards (ATC 6.2), requirements ATC 48-9, 51, 52-3, 58, 68-72, 75

transparency, need for ATC 119

Working Procedures (ATC 8.2)

adoption ATC 125, DSU 123

“consensus” ATC 127-8

Rules of Conduct, adoption ATC 127

Thailand — H-Beams (AB), WT/DS122/AB/R, DSR 2001:VII

amicus curiae briefs, containing another party’s confidential information DSU 491, 970, 1051

Appellate Body (AB) (DSU 17), reports, extension of deadline for circulation (DSU 17.5) DSU 445

burden of proof, prima facie case, need for, explicit finding, relevance DSU 996

confidentiality of proceedings (DSU 14/DSU 17.10/DSU 18.2/WP 3)

evidence of breach DSU 491

obligation to respect/ensure respect for DSU 491

determination of injury (AD 3)

“positive evidence” / “objective examination” requirement (AD 3.1)

AD 17.6 (standard of review) distinguished AD 113

confidential evidence, admissibility AD 111-14

“objective examination”, industry as a whole, need to examine AD 113

undisclosed evidence AD 111-12, 632-3

substantive obligations as focus of AD 3, underlying principles (AD 3.1) and AD 100, 107

threat of material injury (AD 3.7), establishment “based on facts, not merely allegation, conjecture or remote possibility” AD 112

due process (dispute settlement proceedings)

clear presentation of the problem (DSU 6.2) and DSU 231-2

prejudice to party, relevance DSU 232

evidentiary rules (investigation of dumping) (AD 6), full opportunity for defence of interests, right to (AD 6.2) AD 112

good faith (including pacta sunt servanda principle (VCLT 26))

dispute settlement procedures, engagement in (DSU 3.10) DSU 106, 982

clarity of claims, need for DSU 982

interpretation of covered agreements

ordinary meaning

“establishment” AD 632

“proper” AD 632

“unbiased and objective” AD 635

investigation of dumping (AD 5)/subsidy (SCM 11)

evidence, sufficiency (AD 5.2) AD 112

evidence, sufficiency, investigating authority’s obligation to examine accuracy and adequacy (AD 5.3) AD 112

preliminary rulings on

amicus curiae briefs DSU 970, 1051

specificity of request for panel (DSU 6.2) DSU 943

timing of objections DSU 982, 985

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 112

“all relevant information on the matters of fact and law and reasons” for measures (AD 12.2.2) AD 112

relationships within and between agreements, AD 3.1/AD 3.7 AD 112

request for establishment of panel, requirements (DSU 6.2)

identification of specific measures at issue, specificity, preliminary ruling on DSU 943

“present the problem clearly”, due process considerations DSU 231-2

standard/powers of review (panel) (AD 17.6)

assessment of the facts (AD 17.6(i))

AD 3.1 (determination of injury) distinguished AD 113

“unbiased and objective” AD 635

“facts made available” (AD 17.5(ii)), disclosure/discernibility to interested parties by time of final determination, relevance AD 114, 623, 632-3, 635

investigating authorities’ establishment of the facts (AD 17.6(i)), “proper” AD 632

Working Procedures (appellate review (DSU 17.9 and ABWP)), fair, prompt and effective resolution of disputes as object and purpose DSU 982

Thailand — H-Beams (Panel), WT/DS122/R, DSR 2001:VII

Anti-Dumping Agreement (AD), preparatory work (VCLT 32), AD 3.4 AD 150

calculation of administrative, selling and general costs and profits (AD 2.2.2), “same general category of products” AD 39-40

determination of dumping (AD 2)

calculation of administrative, selling and general costs and profits (AD 2.2.2)

actual books and records as basis AD 40

reasonability test, relevance AD 48-9

“same general category of products” (AD 2.2.2(1)) AD 39-41

AD 2.2.2 and AD 40

AD 3.6 and AD 41

determination of injury (AD 3)

country by country analysis (AD 3.2)

“consider … a significant increase in dumped imports”

“consider” AD 130

“significant”, designation as, relevance AD 130

frequency of analysis AD 128

methods, Members’ freedom of choice AD 126

evaluation of injury factors (AD 3.4)

all relevant economic factors and indices, need to examine checklist approach AD 165 n. 221

grammatical structure, relevance AD 151

“including” AD 150

“or” AD 151

“evaluation” AD 157

examination of other known factors (AD 3.5)

illustrative nature of list AD 180

“known” to investigating authority AD 177

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 3.2 AD 150 n. 193

guidelines

narrow/broad interpretation AD 40

text/plain language (VCLT 31(2)) AD 48

means, dictionaries AD 130, 274

investigation of dumping (AD 5)/subsidy (SCM 11)

evidence, sufficiency (AD 5.2)

evidence of causal link (AD 5.2(iv)), “information” and analysis distinguished AD 240

“simple assertion, unsubstantiated by relevant evidence”, raw numerical detail AD 241

notification to government of exporting Member (AD 5.5)

content AD 275

form of notification AD 274

public notice and explanation of determinations (AD 12) distinguished AD 304

public notice and explanation of determinations (AD 12), notification to government of exporting Member (AD 5.5) distinguished AD 304

relationships within and between agreements

AD 2.2.2 as a whole AD 40

AD 2.2.2(i)/AD 3.6 AD 41

AD 3.1/AD 3.7 AD 112

AD 3.1/AD 6 AD 112

AD 5.5/AD 12 AD 304

request for establishment of panel, requirements (DSU 6.2)

identification of specific measures at issue, establishment of prima facie case distinguished DSU 238

legal basis of claim, arguments distinguished DSU 238

standard/powers of review (panel) (AD 17.6), “facts made available” (AD 17.5(ii)), evidence before authority at time of determination, limitation to AD 631

transparency, written record/notification and AD 274

third party rights: see also amicus curiae briefs

AB proceedings (ABWP 24)

“passive” participation DSU 871-2

time limits for filing of submissions (ABWP 26) DSU 846, 874-6

arbitration (DSU 22.6) DSU 695-7

authority of Panel to direct third-party participation DSU 323, 1042

confidentiality (DSU 4.6) and DSU 139

confidentiality of proceedings (DSU 14/DSU 17.10/DSU 18.2/WP 3), joint representation DSU 494-5, 1027-9

consultations (DSU 4.11) DSU 158, 319

“essential party” concept DSU 324-5

panel proceedings (DSU 10 and Appendix 3)

claims, resurrection of abandoned AD 619, DSU 285

enhancement in accordance with due process

agreement between the parties, relevance DSU 312, 316

extension to all parties DSU 318

opportunity to be heard at second substantive meeting DSU 313

panel’s discretion and DSU 307, 312, 317

participation in interim review process (DSU 15), exclusion DSU 314

presence at second substantive meeting DSU 307, 313

submission of additional written material, exclusion DSU 313

GATT practice DSU 312

multiple complainants (DSU 9) and DSU 304-30

opportunity to be heard (DSU 10.2) DSU 312, 402

“present their views” (Appendix 3, para. 6) DSU 313

right to receive submissions to first meeting of the panel, limitation to (DSU 10.3) DSU 617, 961-4

as sole basis of rights DSU 310-11

“substantial interest”, need for (DSU 10.2) DSU 158, 319

written submissions (DSU 10.2) DSU 312

preliminary proceedings, participation in DSU 826, 935

review of implementation of DSB rulings (DSU 21) DSU 617-20

threat of injury: see determination of injury (AD 3); safeguard measures (SG/GATT XIX), conditions (SG 2); transitional safeguards (ATC 6), serious damage or actual threat thereof (ATC 6.2), Member’s determination of, requirements

time limits: see evidence (panel procedures) (DSU 12), time limits for submission; evidentiary rules (investigation of dumping) (AD 6); State trading enterprises (GATT XVII), notification requirements (GATT XVII:4/Understanding on the Interpretation of Art. VII); “withdrawal of subsidy without delay” (SCM 4.7); Working Procedures (appellate review (DSU 17.9 and ABWP)); Working Procedures (panel) (DSU 12.1 and Appendix 3 (WP)), timetable for panel process, establishment (DSU 12.3)

time-periods, calculation (DSU 2) DSU 14

TMB: see Textiles Monitoring Body (TMB)

Tokyo Round Anti-Dumping Code AD 376

developing country Members (Art. 13) AD 577 n. 718

legislation as such, right to challenge (WTO XVI:4) AD 599

Tokyo Round Customs Valuation Committee: see Customs Valuation Committee, adoption of Tokyo Round Committee decisions

TPRM: see Trade Policy Review Mechanism (TPRM)

trade and competition policy, interaction between (Doha Declaration, paras. 23-5)

core principles (para. 25)

hardcore cartels

non-discrimination and procedural fairness

transparency

voluntary cooperation modalities

developing and least-developed country Members, respect for needs of (para. 25)

developmental needs including technical assistance and capacity building

flexibility towards

market definitions, distinguishability GATT 121

relevant factors

cooperation with other international organizations (para. 24)

development of multilateral cooperation (para. 24)

timetable (para. 20)

Trade and Competition Policy, Working Group on Interaction between

establishment (Singapore Ministerial Conference) WTO 35, 45

Work Programme/priorities

Trade, Debt and Finance, Working Group on (Doha Declaration, para. 36)

establishment WTO 45

text

Trade and Development Committee

annual reports WTO 83

establishment 1, 79, WTO 78

observer status WTO 82

rules of procedure (1995) WTO 54, 81

Special Session (Doha Round)

establishment WTO 127

special and differential treatment, review: see special and differential treatment for developing country Members (Doha Declaration)

terms of reference WTO 79-80

Trade and Environment, Committee on

establishment WTO 78, 112

priorities (Doha Declaration, para. 32)

rules of procedure WTO 114

terms of reference WTO 112

work programme WTO 113

trade and environment (Doha Declaration, paras. 31-3)

July package (para. 1(f))

negotiations on relationship between WTO rules and MEAs (Doha Declaration)

fisheries subsidies

report on, Ministerial request to Trade and Environment, Committee on WTO 113

Special Session of the Trade and Environment, Committee on, responsibility for negotiations WTO 127

priorities (para. 32)

clarification of WTO rules, need for

labelling requirements

market access, effect of environmental measures on

TRIPs provisions and

relevant factors (para. 32)

compatibility with open and non-discriminatory nature of multilateral trading system

developmental needs including technical assistance and capacity building (para. 33)

rights and obligations under existing WTO agreements

avoidance of addition to or diminishment of

maintenance of balance between

Special Session of the Trade and Environment, Committee on, establishment WTO 127

SPS Agreement and GATT 576

trade facilitation (Doha Declaration, para. 27)

developmental needs including technical assistance and capacity building, respect for

expedition of movement, release and clearance of goods, need for

July package (para. 1(g) and Annex D)

timing of negotiations

trade facilitation (Singapore Ministerial Conference),

working group, establishment WTO 35

trade and investment, relationship between (Doha Declaration, paras. 20-2)

developing and least-developed country Members, respect for needs of, developmental needs including technical assistance and capacity building (para. 20)

July package (para. 1(g))

negotiating mandate, need for consensus (para. 20)

relevant factors

balance of interests of countries of origin and host countries (para. 22)

bilateral and regional investment arrangements (para. 22)

cooperation with other international organizations (para. 20)

developing and least-developed country Members

special development, trade and financial needs (para. 22)

support and technical cooperation (para. 22)

host governments’ development policies and objectives (para. 22)

timetable (para. 20)

Trade and Investment, Working Group on Relationship between

establishment (Singapore Ministerial Conference) WTO 35, 45

mandate/priorities (Doha Declaration, paras. 20-2)

clarification of issues

technical assistance and capacity building (para. 20-1)

trade names, obligation to protect (TRIPS) TRIPS 5, 12

trade names (Paris Convention (1967) (PC 8))

applicability of trademark findings TRIPS 24

incorporation in TRIPS Agreement TRIPS 5, 12, DSU 58

ownership issues and TRIPS 13

Trade Negotiations Committee (TNC) WTO 126-7

appointment of Director-General as chair WTO 126

establishment WTO 126

mandate

establishment of appropriate negotiating mechanism WTO 126

responsibility for overall conduct of Doha round negotiations WTO 126

supervision of progress of negotiations WTO 126

Trade Policy Review Body (TPRB)

functions, country reviews (TPRM C) WTO 58

reports (TPRM C) TPRM 9

rules of procedure (1995) WTO 60

Trade Policy Review Mechanism (TPRM)

mission (TPRM A) TPRM 1

GATT practice TPRM 2

reporting obligation (developments in international trading environment (TPRM G)) TPRM 31

reporting obligations (Members) (TPRM D), government reports TPRM 23-8

review of operation (TPRM F) TPRM 29-30

review procedures (TPRM C) WTO 59

documentation (TRPM C(v))

circulation of reports TPRM 21

general considerations TPRM 18

government reports TPRM 23-5

Secretariat reports TPRM 20

timing of submission TPRM 26-8

grouped review of “entities having a common external policy” (TPRM C(ii)) TPRM 13-16

rank of representation and duration (TPRM C(iii)) TPRM 17

timing and frequency TPRM 10-12

reviews undertaken (TPRB C) WTO 59, TPRM 8

rules of procedure TPRM 6-7

transparency (TPRM B) TPRM 3-4

trademarks (Paris Convention (1967) (PC))

expropriation (PC 6bis) TRIPS 8

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 7, 11

“as is” / “telle quelle” TRIPS 11

right of Paris Union Members to determine conditions (Art. 6(1)) TRIPS 7

State emblems, official hallmarks and emblems of intergovernmental organizations (PC 6ter) TRIPS 9-10

WIPO-WTO Agreement TRIPS 9-10

trademarks (TRIPS)

denial of protection on “other grounds” (TRIPS 15.2) TRIPS 77

national treatment (TRIPS 3): see national treatment (TRIPS 3), “less favourable treatment”, protection of trade-related property rights and

“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

transfer of technology, measures to encourage (Doha Declaration, para. 37)

Working Group on Trade and the Transfer of Technology, establishment WTO 45

transitional safeguards (ATC 6) ATC 34

attribution of damage from “sharp and substantial increase in imports” (ATC 6.4) ATC 39, 50, 80-3

comparative analysis ATC 85-90

“factors” ATC 89

“from a Member” ATC 86-8

“from Member or Members individually” ATC 82, 84

proportionality and ATC 89

“sharp and substantial increase in imports” ATC 83

as balance of rights and obligations ATC 46, 100

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

notification, need for ATC 340

object and purpose (ATC 1.1) and ATC 1

provisional application of restraint measures authorized under ATC 10 (ATC 11)

consultations (ATC 6.7) and ATC 106

“highly unusual and critical circumstances” ATC 108-12

evidence of ATC 112

inappropriate recourse to, effect on transitional safeguard measures ATC 110-11

notification requirements (ATC 6) and ATC 107

procedural and substantive elements distinguished ATC 109

retroactivity (ATC 6.10) and ATC 104

relevant factors ATC 39, 50

relevant factors (ATC 6.3), obligation to examine all AG 142-3

retroactivity (ATC 6.10): see retroactivity (trade measures) (ATC 6.10)

serious damage or actual threat thereof (ATC 6.2), Member’s determination of, requirements

“a particular product product being imported“ ATC 51

“demonstrably” ATC 73-4

“directly competitive”

GATT III:2, applicability: see also directly competitive or substitutable products (GATT III:2), 62

proximity of relationship, relevance ATC 63

“domestic industry producing like and/or directly competitive products”

“and/or” ATC 67

captive production ATC 66

“domestic industry”, absence of ATC definition ATC 68

“producing” ATC 60

product-oriented definition ATC 59

due diligence, available evidence, limitation to ATC 44, DSU 374

“in such increased quantities” ATC 52-3

investigation period

length ATC 57

recent damage, need for ATC 58, 75

“not by other factors” ATC 74

notification to TMB ATC 340

“or actual threat thereof” ATC 54-5

“serious damage“, change of equipment, whether ATC 56

serious damage or actual threat thereof (ATC 6.2) ATC 39

specific factual information ATC 48-9

translation, technical regulations, documentation relating to TBT 31

transparency (AD 3 and 5): see also evidentiary rules (investigation of dumping) (AD 6), confidential information (AD 6.5); public notice and explanation of determinations (AD 12)

written record/notification and (AD Agreement) AD 166-7, 274

transparency (GATS III)

accountancy services and GATS 35

electronic commerce and GATS 34

notification of enquiry/contact points (GATS III:4/GATS IV:2) GATS 37, 39-40

notification formats GATS 36

transparency (government procurement): see government procurement, transparency (Doha Declaration, para. 26)

transparency and predictability requirement (LIC Preamble) LIC 1, 16

frequent changes to rules and LIC 16

non-automatic import licensing (LIC 3) and LIC 24

transparency of SPS regulations (SPS 7 and Annex B)

enquiry points (Annex B, para. 3), obligation to identify appropriate level of protection, whether SPS 227

notification procedures

changes requiring notification SPS 229

recommended procedures SPS 177-9

publication of measures such as laws, decrees or ordinances which are generally applicable (para. 1, footnote 5) SPS 225

“reasonable interval” (Annex B, para. 2), Decision on Implementation-Related Issues and Concerns (para. 3.2), SPS 226

“significant effect on trade of other Members” (Annex B), notification requirements SPS 180, 229 n. 304

special and differential treatment (SPS 10) SPS 184

transparency (TPRM B) TPRM 3-4

transparency (TRIMs 6), publications in which TRIMs may be found (TRIMs 6(2)) TRIMs 16

transparency (WTO procedures)

TMB ATC 119

WTO rules (Doha Declaration, paras. 28-9)

treaty interpretation: see interpretation of covered agreements, guidelines

treaty succession (VCLT 30), TRIPS/Berne Convention TRIPS 39

TRIMs Agreement: see also developing country Members (TRIMs); Illustrative List (TRIMs 2.2); “investment measures” (TRIMs 1); notification obligations and procedures (TRIMs 2.1); transparency (TRIMs 6)

consultation and dispute settlement (TRIMs 8), table of disputes TRIMs 23

Decision on Implementation-Related Issues and Concerns and (para. 6)

as integral part of WTO Agreement TRIMs 28-9

quantitative measures (GATT XI and) GATT 296 n. 452, TRIMs 35-6

review of operation (TRIMs 9) TRIMs 24

TRIMs Committee WTO 72

annual reports TRIMs 15

observers TRIMs 16

role (TRIMs 7.2)

implementation issues relating to special and differential treatment for developing country Members TRIMs 21-2

notifications (TRIMs 5.1 and 5.2) TRIMs 8-9, 20

rules of procedure WTO 73, TRIMs 17

TRIPS Agreement: see also Council for TRIPS; developing country Members (TRIPS); dispute settlement (TRIPS 64); fair and equitable procedures (TRIPS 42); intellectual property rights (TRIPS); least-developed country Members (TRIPS 66); MFN treatment (TRIPS 4); national treatment (TRIPS 3); notification obligations and procedures (TRIPS); patents (TRIPS, Section 5); technical cooperation (TRIPS 67); wines and spirits, additional protection for geographical indications (TRIPS 23)

Berne Convention and (TRIPS 9): see also copyright protection (Berne Convention (1971))

conflict, avoidance TRIPS 41

incorporation, effect TRIPS 38-9, 111

minor exceptions doctrine TRIPS 52, 60-1

renewability, harmonization of provisions TRIPS 55

treaty succession (VCLT 30) and TRIPS 39

Decision on Implementation-Related Issues and Concerns (para. 11)

environmental measures and (Doha Declaration, para. 32)

exceptions: see intellectual property rights (TRIPS), limitations and exceptions (TRIPS 13); patents (TRIPS, Section 5), exceptions (TRIPS 30)

international negotiations: exceptions (TRIPS 24), Checklist of Questions TRIPS 87

interpretation

flexibility WTO 162

object and purpose (TRIPS Preamble and 7) TRIPS 158

object and purpose, effective and adequate protection of intellectual property rights TRIPS 1

obligations (TRIPS 1), implementation, freedom to choose

method (TRIPS 1.1) TRIPS 2-3

reservations (TRIPS 72) WTO 235

retroactivity (TRIPS 70.1) TRIPS 155, DSU 67

review of implementation (TRIPS 71.1)

protection of biodiversity and (Doha Declaration, para. 19) and

UN Convention on Biodiversity and (Doha Declaration, para. 19)

transitional arrangements (TRIPS 65)

developing country Members and TRIPS 96, 141-2, 144

“lesser degree of consistency” (TRIPS 65.5) TRIPS 143

procedural nature TRIPS 140, 142

TRIPS Agreement and Public Health, Declaration on (2000)

adoption (Doha Declaration, para. 17) WTO 38, 46

flexibility in interpretation of TRIPS WTO 162

text

Turkey, preferential tariff treatment for least-developed country Members, notification GATT 60

Turkey — Textiles (AB), WT/DS34/AB/R, DSR 1999:VI

burden of proof, defences and exceptions, GATT XXIV (regional trade agreements) GATT 713

customs unions (GATT XXIV:5(a))

chapeau, relationship with GATT 687-9, 691

as defence or exception

burden of proof GATT 713

economic test GATT 624-5

on formation of customs union, limitation to GATT 687-9

“would be prevented unless” requirement GATT 709, AG 63

GATT XI, GATT XIII and ATC 2.4 GATT 720, 725 requirements GATT 719

definition (GATT XXIV:8(a))

internal trade arrangements (GATT XXIV:8(a)(i)) GATT 708-10

jurisdiction (panel) to determine compatibility with GATT XXIV requirements GATT 717

trade with third countries (“substantially the same”) (GATT XXIV:8(a)(ii)) GATT 712-13

GATT 1994 Understanding on Article XXIV GATT 692-5

object and purpose (GATT XXIV:4) GATT 625, 684

“regulations of commerce”, GATT 1994 Understanding on Article XXIV GATT 693

dispute settlement (GATT XXIV, Understanding, para. 12) GATT 717-18

interpretation of covered agreements, specific terms and phrases, “regulations of commerce” (GATT XXIV:5) GATT 693

quantitative restrictions, elimination (GATT XI), regional trade agreements (GATT XI) as defence/exception GATT 687-9, 709

regional trade agreements (GATT XXIV:5), dispute settlement (Understanding, para. 12) GATT 717-18

relationships within and between agreements

GATT XXIV:5(a)/GATT XI, GATT XIII and ATC 2.4 GATT 275, 720

GATT XXIV as a whole GATT 684

Turkey — Textiles (Panel), WT/DS34/R, DSR 1999:VI

access to dispute settlement process, limitation to WTO Members DSU 1042

burden of proof

affirmative defence DSU 989

onus probandi actori incumbit DSU 989

consultations (DSU 4), adequacy of consultations, Panel responsibilities in relation to DSU 121

customs unions (GATT XXIV:5(a))

consistency with GATT and WTO WTO 8

as defence or exception GATT 687

on formation of customs union, limitation to, extension of WTO right prior to formation to other constituent members GATT 710

GATT XI GATT XIII and ATC 2 4 GATT 720 725

GATT 1994 Understanding on Article XXIV WTO 8

legislation as such, right to challenge (WTO XVI:4) DSU 171, 1042

as proper party in dispute settlement proceedings DSU 1042

due process (dispute settlement proceedings), opportunity to defend oneself DSU 274

legislation as such, right to challenge (WTO XVI:4), legislation adopted by customs union DSU 171, 1042

notification obligations and procedures (ATC 2.1), 60 day period, mandatory nature ATC 7

nullification or impairment (DSU 3.8)

adverse impact/prejudice, relevance DSU 96

presumption in case of inconsistency with covered agreement DSU 96

proper parties DSU 1042

quantitative restrictions (ATC 2) (integration process), conformity with ATC provisions, need for (ATC 2.4), “new” restriction ATC 8

quantitative restrictions, elimination (GATT XI), GATT preference for tariffs and GATT 395

regional trade agreements (GATT XXIV:5)

examination (GATT XXIV:7 and Understanding, para. 7), absence of recommendation, effect GATT 706

WTO Preamble and WTO 8

relationships within and between agreements, GATT XXIV:5(a)/GATT XI, GATT XIII and ATC 2.4 GATT 720, 725

request for establishment of panel, requirements (DSU 6.2), identification of specific measures at issue, specificity sufficient to present the problem clearly DSU 274

State responsibility for breach of international obligations, for acts or omissions of, common organ, responsibility of individual States for DSU 68-9, 171

third party rights

authority of Panel to direct third-party participation DSU 323, 1042

“essential party” concept DSU 324-5