Holdings Information
WTO Appellate Body repertory of reports and awards, 1995-2010 / compiled by the Appellate Body Secretariat.
Bibliographic Record Display
-
Title:WTO Appellate Body repertory of reports and awards, 1995-2010 / compiled by the Appellate Body Secretariat.
-
Corporate Author/Creator:World Trade Organization. Appellate Body. Secretariat.
-
Published/Created:Cambridge ; New York : Cambridge University Press, 2011
-
Holdings
Holdings Record Display
-
Location:LAW LIBRARY (level 3)Where is this?
-
Call Number: K4610.A7 W67 2011
-
Number of Items:1
-
Status:Available
-
Location:LAW LIBRARY (level 3)Where is this?
-
Library of Congress Subjects:World Trade Organization.
Law reports, digests, etc.
Foreign trade regulation--Digests.
-
Genre/Form: Law digests.
-
Edition:4th ed.
-
Description:xlii, 1, 468 pages ; 26 cm.
-
Notes:Includes indexes.
Includes bibliographical references and indexes.
-
ISBN:1107008204
9781107008205
-
Contents:Machine generated contents note: A.0. Accession Protocols
A.0.1. China's Accession Protocol
A.0.2. Relationship with other WTO agreements
Administrative Review of Countervailing Duty Measures. See SCM Agreement, Article 21 (S.2.29)
Admission of Evidence. See Evidence (E.3.1)
Adverse Inferences Drawn from the Refusal of a Party to Provide Information. See Inferences from the Refusal of a Party to Provide Information (I.1)
A.1. Agreement on Agriculture
A.1.1. Article 1(a) and Annex 3 - "Aggregate Measurement of Support"
A.1.2. Article 1(a)(ii) and Annex 3 - "AMS commitments"
A.1.3. Article 1(e) - "subsidy"
A.1.4. Article 1(e) - "contingent upon export performance"
A.1.4A. Article 3.1 - "export subsidy commitments"
A.1.4B. Article 3.1 - "commitments limiting subsidization"
A.1.5. Article 3.3 - "export subsidies"
A.1.5A. Article 3.3 - "budgetary outlay and quantity commitment levels"
A.1.6. Articles 3.3 and 10.1 - "export subsidy commitments"
A.1.7. Article 4 - "market access"
A.1.8. Article 4.1 - Market access commitments contained in Schedules. See also Tariff Quotas - Non-Discriminatory Administration (T.2)
A.1.9. Article 4.2 and footnote 1 - Conversion of certain border measures into ordinary customs duties
A.1.10. Article 4.2 and footnote 1 - Measures of the kind
A.1.11. Article 4.2 and footnote 1 - Minimum import price
A.1.12. Article 4.2 and footnote 1 - Similar border measures other than ordinary customs duties
A.1.13. Article 4.2 and footnote 1 - Variable import levies
A.1.14. Article 5 - Special safeguard
A.1.14A. Article 6.3 - Domestic support commitments
A.1.14B. Article 8 - "export competition commitments"
Article 9.1 - Relationship with Article 10.1. See Agreement on Agriculture, Article 10.1 - Relationship with Article 9.1 (A.1.33)
A.1.14C. Article 9.1 - "export subsidies"
A.1.14D. Article 9.1 - "subject to reduction commitments"
A.1.15. Article 9.1(a) - "direct subsidies, including payments-in-kind"
A.1.16. Article 9.1(a) - "governments or their agencies"
A.1.16A. Article 9.1(a) - "contingent on export performance"
A.1.17. Article 9.1(c) - "payments"
A.1.18. Article 9.1(c) - Benchmark for payments-in-kind
A.1.19. Article 9.1(c) - Benchmark - World market prices vs. Domestic prices
A.1.20. Article 9.1(c) - Benchmark - Cost of production
A.1.21. Article 9.1(c) - Industry-wide vs. Individual standard
A.1.22. Article 9.1(c) - "imputed" costs
A.1.23. Article 9.1(c) - Selling and quota costs
A.1.24. Article 9.1(c) - "governmental action"
A.1.25. Article 9.1(c) - Governmental action vs. Private action
A.1.26. Article 9.1(c) - "by virtue of"
A.1.27. Article 9.1(c) - "financed"
A.1.28. Article 9.1(c) - Cross-subsidization
A.1.29. Article 9.1(d) - "costs of marketing"
A.1.29A. Article 9.2 - Budgetary outlay and quantity commitment levels
A.1.29B. Article 10 - General
A.1.30. Article 10.1 - "export subsidy commitments"
A.1.31. Article 10.1 - "export subsidies" not listed in Article 9.1
A.1.32. Article 10.1 - Actual circumvention
A.1.32A. Article 10.1 - Threat of circumvention
A.1.32B. Article 10.1 - "non-commercial transactions"
A.1.33. Article 10.1 - Relationship with Article 9.1
A.1.33A. Article 10.2 - Export credit guarantees
A.1.34. Article 10.3 - Reversal of burden of proof. See also Burden of proof, Reversal (B.3.4)
A.1.34A. Article 10.3 - Relationship with Article 6.2 of the DSU
A.1.34B. Article 10.4 - "food aid"
A.1.34C. Article 13 - "due restraint" (peace clause). See also Agreement on Agriculture, Relationship between the Agreement on Agriculture and the GATT 1994 (A.1.37)
A.1.34C.1. Subparagraph (a) - Green box
A.1.34C.2. Subparagraph (b) - Interpretation
A.1.34C.3. Subparagraph (b) - Application
A.1.34C.4. Subparagraph (b) - "grant" vs. "decided"
A.1.34C.5. Subparagraph (b) - Calculation method
A.1.34D. Annex 2 - "green box"
A.1.34D.1. Paragraph I - "fundamental requirement"
A.1.34D.2. Paragraph 6 - "decoupled income support"
A.1.34D.3. Paragraph II - "structural adjustment assistance"
A.1.34E. Annex 3, paragraph 7 - Measures directed at processors benefiting producers
A.1.35. Annex 3, paragraph 8 - "market price support"
A.1.36. Relationship between domestic support and export subsidies disciplines
A.1.37. Relationship between the Agreement on Agriculture and the GATT 1994.
See also Tariff Concessions, Relationship between Members' Schedules and the Agreement on Agriculture (T.1.4)
A.1.37A. Relationship between the Agreement on Agriculture and the Modalities Paper
A.1.38. Relationship between the Agreement on Agriculture and the SCM
Agreement. See also Agreement on Agriculture, Article 1(e) - "subsidy" (A.1.3); SCM Agreement, Article 3.1 - "except as provided in the Agreement on Agriculture" (S.2.11)
Agreement on Implementation of Article VI of the GATT 1994, See Anti-Dumping Agreement (A.3)
Agreement on Import Licensing Procedures. See Licensing Agreement (L.2)
Agreement on Safeguards. See Safeguards Agreement (S.1)
Agreement on Subsidies and Countervailing Measures. See SCM Agreement (S.2)
Agreement on Technical Barriers to Trade. See TBT Agreement (T.4)
Agreement on Textiles and Clothing. See Textiles and Clothing Agreement (T.7)
Agreement on the Application of Sanitary and Phytosanitary Measures. See SPS Agreement (S.6)
Agreement on Trade-Related Aspects of Intellectual Property Rights. See TRIPS Agreement (T.9)
Allocation of Quotas and Tariff Quotas. See Tariff Quotas Non-Discriminatory Administration (T.2)
A.2. Amiens Curiae Briefs
A.2.1. Briefs submitted by NGOs
A.2.2. Briefs submitted by WTO Members
A.2.3. Additional procedure
A.3. Anti-Dumping Agreement
A.3.0. Object and purpose
Article 1. See Anti-Dumping Agreement, Article VI of the GATT 1994 - Anti-dumping duties (A.3.65)
A.3.1. Article 2 - Intent and effect of dumping
A.3.1A. Article 2 -The concepts of "dumping" and "margins of dumping"
A.3.2. Article 2 - Period of investigation
A.3.3. Article 2.1 - "normal value...in the ordinary course of trade"
A.3.4. Article 2.1 - Sales below cost
A.3.5. Article 2.1 - Calculation of normal value
A.3.6. Article 2.1 - Fair comparison
A.3.7. Article 2.1 - Volume of dumped imports
A.3.8. Article 2.1 - Relationship with other provisions of the Anti-Dumping Agreement. See also Anti-Dumping Agreement, Article 2.4.2 (A.3.14); Anti-Dumping Agreement, Article 11.3 (A.3.45-52)
A.3.8A. Article 2.2
A.3.9. Article 2.2.1 - Sales below cost and "ordinary course of trade"
A.3.9A. Article 2.2.1.1 - "consider all available evidence on the proper allocation of costs"
A.3.9B. Article 2.2.1.1 - "reasonably reflect" the cost of production
A.3.10. Article 2.2.2 - Low volume sales and "ordinary course of trade"
A.3.11. Article 2.2.2(ii) - Calculation of "weighted average"
A.3.12. Article 2.4 - "fair comparison"
A.3.13. Article 2.4 - Calculation of dumping margins - Relationship with Article 11.3. See also Anti-Dumping Agreement, Article 11.3 (A.3.45-52)
A.3.13A. Article 2.4 - Third sentence
A.3.14. Article 2.4.2 - Calculation of margins of dumping - "zeroing". See also Anti-Dumping Agreement, Article 2.2.1.1 - "consider all available evidence on the proper allocation of costs" (A.3.9A); Anti-Dumping Agreement, Article VI of the GATT 1994 (A.3.65)
A.3.14A. Article 2.4.2 - Second sentence
A.3.15. Article 3.1 - General
A.3.15A. Footnote 9 to Article 3
A.3.16. Article 3.1 - "positive evidence"
A.3.17. Article 3.1 - "objective examination"
A.3.18. Articles 3.1 and 3.2 - Method of calculating the "volume of the dumped imports"
A.3.19. Articles 3.1 and 3.2 - Calculation of the "volume of the dumped imports" without examining each producer or exporter individually. See also Anti-Dumping Agreement, Article 2.1 (A.3.3-8); Anti-Dumping Agreement, Article 3.3 (A.3.21); Anti-Dumping Agreement, Article 6.10 (A.3.37); Anti-Dumping Agreement, Article 9.4 [ect.]
A.3.20. Article 3.2 - No country-specific analysis of volume and prices of dumped imports
A.3.21. Article 3.3 - Cumulative assessment of dumped imports. See also Anti-Dumping Agreement, Article 3.2 (A.3.20)
A.3.22. Article 3.4 - Evaluation of injury factors
A.3.23. Article 3.4 - Manner of evaluating injury factors
A.3.23A. Article 3.5 - Causation
A.3.24. Article 3.5 - Non-attribution of injury caused by other known factors
A.3.25. Article 3.5 - Examination of other known factors
A.3.26. Article 3.5 - Individual vs. Collective effects of other factors. See also Anti-Dumping Agreement, Articles 3.1 and 3.2 (A.3.18-19)
A.3.27. Article 3.7 - Threat of material injury. See also SCM Agreement, Article 15.7 - Threat of material injury (S.2.25B); Safeguards Agreement, Article 4.1(b) - Threat of serious injury (S.1.24)
A.3.28. Article 5.4 - Motives of domestic producers for supporting investigation
A.3.28A. Article 5.8 - Termination of the investigation. See also SCM Agreement, Article 11.9 - Termination of an investigation (S.2.21)
A.3.28B. Article 5.10 - Time-limit for investigations
A.3.29. Article 6 - Evidentiary rules for anti-dumping investigations. See also Anti-Dumping Agreement, Article 11.3 (A.3.45-52)
A.3.30. Article 6.1. See also Anti-Dumping Agreement, Article 11.4 (A.3.53)
A.3.30.1. Article 6.1 - "ample opportunity to present in writing all evidence"
Contents note continued: A.3.30.2. Article 6.1 - Exporters to be given notice
A.3.31. Article 6.2 - Opportunity for interested parties to defend their interests
A.3.32. Article 6.4 - Access to information relevant for interested parties to present their case. See also Anti-Dumping Agreement, Article 6.2 (A.3.31); Anti-Dumping Agreement, Article 11.4 (A.3.53)
A.3.33. Article 6.8 and Annex II - Facts available to investigating authorities
A.3.34. Article 6.8 and Annex II - Timeliness of parties' submissions
A.3.35. Article 6.8 and Annex II - "reasonable period" for submission of information
A.3.36. Article 6.8 and Annex II - Lack of cooperation by investigated parties.
See also Anti-Dumping Agreement, Article 11.4 (A.3.53)
A.3.37. Article 6.10. See also Anti-Dumping Agreement, Article 3.1 and 3.2 - Method of calculating the "volume of the dumped imports" (A.3.18); Anti-Dumping Agreement, Article 9.3 - Margin of dumping (A.3.40A); Anti-Dumping Agreement, Article 11,4 - Relationship with Article 6 (A.3.53)
A.3.37.1. Article 6.10 - Known exporter or producer
A.3.37.2. Article 6.10 - No individual examination of all producers
A.3.38. Article 6.13 - Cooperation between interested parties and investigation authorities
A.3.38A. Article 7 - Provisional measures
A.3.39. Article 9 - Imposition of anti-dumping duties - General, Relationship with Articles 2 and 3
A.3.40. Article 9.2 - Product-specific vs. Company-specific anti-dumping determination. See also Anti-Dumping Agreement, Article 11.3 (A.3.45-52)
A.3.40A. Article 9.3 - Margin of dumping. See also Anti-Dumping Agreement, Article 2 (A.3.1-14); Anti-Dumping Agreement, Article 6.10 (A.3.37)
A.3.40B. Articles 9.3.1 and 9.3.2 - Prospective and retrospective duty assessment
A.3.40C. Footnote 20 to Article 9.3.1 of the Anti-Dumping Agreement
A.3.41. Article 9.4 - Calculation of the "all other" anti-dumping duty rate
A.3.41A. Article 9.4(ii) - Prospective normal value systems
A.3.42. Article 9.4 - Relationship with Article 2.4.2
A.3.43. Article 9.4 - Relationship with Article 6.8
A.3.44. Article 9.4 - Relationship with paragraphs 1 and 2 of Article 3
A.3.44A. Article 9.5 - New shipper reviews
A.3.44B. Articles 11.1 and 11.2 - Duration and review of anti-dumping duties
A.3.45. Article 11.3 - Sunset review - Conditions. See also Anti-Dumping Agreement, Article 6 (A.3.29-38); Anti-Dumping Agreement, Article 9.2 (A.3.40); Anti-Dumping Agreement, Article 11.4 (A.3.53)
A.3.46. Article 11.3 - Likelihood of continuation or recurrence of dumping
A.3.47. Article 11.3 - Standard of review
A.3.47A. Article 11.3 - Nature of sunset review investigation
A.3.48. Article 11.3 - Methodology for sunset review investigations
A.3.48A. Article 11.3 - Cumulation in sunset reviews. See also Anti-Dumping Agreement, Article 3.3 - Cumulative assessment of dumped imports (A.3.21)
A.3.49. Article 11.3 - Relationship with Article 2. See also Anti-Dumping Agreement, Article 2.1 (A.3.3-8)
A.3.50. Article 11.3 - No duty to investigate each known producer and exporter individually. See also Anti-Dumping Agreement, Article 11.4 (A.3.53)
A.3.51. Article 11.3 - Determination of dumping margins and import volumes
A.3.51A. Article 11.3 - Evidence
A.3.52. Article 11.3 - Likelihood determination based on evidence vs. Presumptions
A.3.52A. Article 11.3 - Likelihood of continuation or recurrence of injury
A.3.52B. Article 11.3 - Relationship with Article 3
A.3.52C. Article 11.3 - Timeframe for likelihood of continuation or recurrence of injury
A.3.53. Article 11.4 - Relationship with Article 6. See also Anti-Dumping Agreement-Article 6 (A.3.29-38)
A.3.53A. Article 12.1 - Interested parties known to the investigating authorities
A.3.53B. Article 13 - Anti-Dumping Agreement
A.3.54. Article 17 - Dispute settlement. See also Special or Additional Rules and Procedures for Dispute Settlement (S.5)
A.3.55. Article 17.3 - Consultations. See also Consultations (C.7); Legislation as such vs. Specific Application (L.1); Terms of Reference of Panels, Specific measure at issue (T.6.3)
A.3.56. Article 17.4 - "matter referred to the DSB". See also Legislation as such vs. Specific Application (L.1); Terms of Reference of Panels (T.6)
A.3.57. Article 17.5 - Facts made available to the investigating authority. See also Request for the Establishment of a Panel (R.2)
A.3.58. Article 17.6 - Standard of Review under the Anti-Dumping Agreement. See also Standard of Review, Article 11 of the DSU (S.7.2-8)
A.3.59. Article 17.6(i) - "assessment of the facts". See also Seek Information and Technical Advice (S.4); Standard of Review, Article 11 of the DSU - Objective assessment of the facts (S.7.3)
A.3.60. Article 17.6(ii) - "permissible interpretations". See also Interpretation, General rules of treaty interpretation - Article 31 of the Vienna Convention (I.3.1); Standard of Review, Article 11 of the DSU - Objective assessment of the facts (S.7.3)
A.3.61. Article 18.1 - Specific action against dumping. See also Anti-Dumping Agreement, Article VI of the GATT 1994 (A.3,65); Anti-Dumping Agreement, the Ad Note to Article VI:2 and 3 of the GATT 1994 Reasonable security (A.3.66A); SCM Agreement, Article 32.1 - Specific action against a subsidy (S.2.36)
A.3.62. Article 18.4 - Obligation to ensure WTO-conformity of domestic anti-dumping laws, regulations and procedures. See also WTO Agreement, Article XVI:4 - WTO-conformity of laws, regulations and administrative procedures (W.4.3)
Aggregate Investigations. See SCM Agreement, Article 19 (S.2.26-28)
A.3.63. Relationship between the Anti-Dumping Agreement and the SCM agreement
Relationship between the Anti-Dumping Agreement and the Safeguards Agreement. See Safeguards Agreement, Relationship between the Safeguards Agreement and the Anti-Dumping Agreement (S.1.43)
A.3.64. Relationship between the Anti-Dumping Agreement and the GATT 1994
A.3.65. Article VI of the GATT 1994 - Anti-dumping duties. See also Anti-Dumping Agreement, Article 18.1 (A.3.61)
A.3.66. Ad Note to Article VI:2 and 3 of the GATT 1994 - Pending final determination of the facts in any case of suspected dumping
A.3.66A. Ad Note to Article VI:2 and 3 of the GATT 1994 - Reasonable security
B.1. Balance-of-Payments Restrictions
B.1.1. Article XVIII:11 of the GATT 1994, Ad Note
B.1.2. Article XVIII:11 of the GATT 1994, Proviso. See also Jurisdiction, General (J.2.1) 246 Benefit. See SCM Agreement, Article 1.1(b) (S.2.9) and Article 14 (S.2.22-24)
B.2. Bilateral Settlements
B.3. Burden of Proof
B.3.1. General. See also Legislation as such vs. Specific Application (L.1)
B.3.2. Presumption - prima facie case, See also Defences and exceptions (B.3.3)
B.3.3. Defences and exceptions. See also Request for the Establishment of a Panel, Article 6.2 of the DSU - Claims and legal basis of the complaint (R.2.2); SCM Agreement, Article 27 - Special and differential treatment for developing country Members (S.2.35); SPS Agreement, Article 3.2 - "measures which conform to international standards" [ect.]
B.3.4. Reversal of burden of proof. See also Agreement on Agriculture, Article 10.3 - Reversal of burden of proof (A.1.34)
B.3.5. "Post suspension of concessions"
B.4. Business Confidential Information. See also Confidentiality (C.6); Inferences drawn from the Refusal of a Party to Provide Information (I.1); Seek Information and Technical Advice (S.4)
C.1. Claims and Arguments. See also Burden of Proof, General (B.3.1); Request for the Establishment of a Panel (R.2); Terms of Reference of Panels (T.6); Working Procedures for Appellate Review, Rule 20 Notice of Appeal (W.2.7)
C.2. Claims and Panel Reasoning
Coherence. See International Monetary Fund - "Coherence" (I.2)
C.3. Competence of Panels and the Appellate Body. See also Jurisdiction (J.2); Scope of Appellate Review (S.3); Terms of Reference of Panels (T.6)
C.3.1. Articles 3.2 and 11 of the DSU - Function of panels and the Appellate Body
C.3.2. Articles 3.2 and 19.2 of the DSU - "not add to or diminish rights and obligations". See also Terms of Reference of Panels, Specific measure at issue (T.6.3)
C.4. Completion of the Legal Analysis by the Appellate Body. See also Conditional Appeals (C.5); Judicial Economy (J.1); Scope of Appellate Review (S.3)
C.4A. Compliance Panels. See Review of Implementation of DSB Rulings, Article 21.5 of the DSU (R.4)
C.5. Conditional Appeals
C.6. Confidentiality. See also Business Confidential Information (B.4); Consultations (C.7); Working Procedures for Appellate Review, Rule 8 - Rules of Conduct (W.2.4)
C.7. Consultations. See also Anti-Dumping Agreement, Article 17.3 - Consultations (A.3.55)
Context. See Interpretation, General rules of treaty interpretation Article 31 of the Vienna Convention (I.3.1)
Customary Rules of Interpretation. See Interpretation (I.3)
Development. See Enabling Clause (E.1); SCM Agreement, Article 27 - Special and differential treatment for developing country Members (S.2.35)
D.1. Directly competitive or substitutable products. See also National Treatment, Article 111:2 of the GATT 1994, second sentence, "directly competitive or substitutable" products (N.1.6); Textiles and Clothing Agreement, Article 6.2, "directly competitive products" (T.7.4)
Discretionary and Mandatory Legislation. See Mandatory and Discretionary Legislation (M.1)
Dispute Settlement Understanding:
Article 1.2. See Special or Additional Rules and Procedures for Dispute Settlement (S.5)
Contents note continued: Article 3.2. See Competence of Panels and the Appellate Body (C.3); Interpretation (I.3)
Article 3.3. See Legislation as such vs. Specific Application (L.1); Review of Implementation of DSB Rulings, Article 21.5 of the DSU (R.4.0-6); Terms of Reference of Panels, Specific measure at issue (T.6.3)
Article 3.7. See Right to Bring Claims - Legal Interest (R.5); Suspension of Concessions or Other Obligations (S.9); Mutually Agreed Solutions (M.6)
Article 3.8. See Burden of Proof, Presumption - prima facie case (B.3.2); Nullification or Impairment (N.3)
Article 3.10. See Competence of Panels and the Appellate Body (C.3); Principles and Concepts of General Public International Law, Good faith (P.3.1); Working Procedures for Appellate Review, Rule 20 Notice of Appeal (W.2.7)
Article 4. See Consultations (C.7)
Article 6.2. See Request for the Establishment of a Panel (R.2); Terms of Reference of Panels (T.6)
Article 7. See Terms of Reference of Panels (T.6)
Article 9. See Multiple Complainants (M.4); Panel Reports, Separate Panel Reports (P.1.3)
Article 10. See Third Party Rights (T.8); Working Procedures for Appellate Review, Rule 24 - Third participants (W.2.9)
Article 11. See Scope of Appellate Review, Review of "objective assessment" by the panel (S.3.2); Standard of Review (S.7)
Article 12.1. See Terms of Reference of Panels, Claims and legal basis of the complaint (T.6.2)
Article 12.7. See Panel Reports, Basic rationale behind findings and conclusions (P.1.1)
Article 13. See Seek Information and Technical Advice (S.4); Standard of Review, Article 11 of the DSU (S.7.2-8)
Article 14. See Business Confidential Information (B.4); Confidentiality (C.6)
Article 15. See Standard of Review, Article II of the DSU (S.7 .2-8)
Article 16.4. See Working Procedures for Appellate Review, Rule 20 - Notice of Appeal (W.2.7)
Article 17.4. See Working Procedures for Appellate Review, Rule 24 - Third participants (W.2.9)
Article 17.6. See Scope of Appellate Review (S.3)
Article 17.10. See Working Procedures for Appellate Review, Rule 8 - Rules of Conduct - Confidentiality (W.2.4)
Article 17.11. See Working Procedures for Appellate Review, Rule 3.2 - Concurring opinion - Article 17.11 of the DSU (W.2.3)
Article 17.12. See Scope of Appellate Review (S.3)
Article 17.13. See Scope of Appellate Review (S.3)
Article 17.14. See Review of Implementation of DSB Rulings, Article 21.5 of the DSU - Effect of DSB rulings in the original dispute (R.4.3)
Article 19.1. See Implementation Recommendations (1.0)
Article 19.2. See Competence of Panels and the Appellate Body (C.3)
Article 21.5. See Review of Implementation of DSB Rulings, Article 21.5 of the DSU (R.4)
Article 22. See Suspension of Concessions or Other Obligations (S.9)
Article 23. See Recourse to the DSU for violations of the covered agreements (R.0), Suspension of Concessions or Other Obligations (S.9)
Article 24. See Least-Developed Countries (L.0)
Domestic Law. See Municipal Law (M.5)
D.2. Due Process
D.2.1. Due process in the application of trade measures
D.2.2. Due process in WTO dispute settlement proceedings. See also Request for the Establishment of a Panel (R.2); Rules of Conduct (R.6); Seek Information and Technical Advice (S.4); Terms of Reference of Panels (T.6); Working Procedures for Appellate Review (W.2)
Duty of a Member to Comply with the Request of a Panel to Provide Information. See Inferences Drawn from the Refusal of a Party to Provide Information (I.1); Seek Information and Technical Advice (S.4)
E.1. Enabling Clause
E.1.1. Paragraph 1. See also Burden of Proof, Defences and exceptions (B.3.3); Request for the Establishment of a Panel, Article 6.2 of the DSU - Claims and legal basis of the complaint (R.2.2)
E.1.2. Paragraph 2(a)
E.1.3. Paragraph 2(d)
E.1.4. Paragraph 3(a)
E.1.5. Paragraph 3(c)
Enforcement of Intellectual Property Rights. See TRIPS Agreement, Article 42 (T.9.10)
E.2. Environmental Multilateral Agreements. See also General Exceptions: Article XX of the GATT 1994 (G.3)
E.3. Evidence. See also Anti-Dumping Agreement, Article 11.3 Evidence (A.3.51A); Burden of Proof (B.3); Business Confidential Information (B.4); Confidentiality (C.6); Inferences Drawn from the Refusal of a Party to Provide Information (I.1); Seek Information and Technical Advice (S.4); Standard of Review, Article 11 of the DSU [ect.]
E.3.1. Admissibility of evidence in panel proceedings
E.3.2. Panel's review of evidence
E.3.3. Evidence in appellate proceedings
Exceptions. See Burden of Proof, Defences and exceptions (B.3.3); General Exceptions: Article XX of the GATT 1994 (G.3)
Experts Advising a Panel. See Seek Information and Technical Advice (S.4). See also Standard of review: Article 11 of the DSU - Risk assessment under Article 5.1 of the SPS Agreement (S.7.8)
Fact Finding. See Burden of Proof (B.3); Business Confidential Information (B.4); Consultations (C.7); Inferences Drawn from the Refusal of a Party to Provide Information (I.1); Seek Information and Technical Advice (S.4); Standard of Review, Article 11 of the DSU (S.7.2-8); Terms of Reference of Panels [ect.]
Factual vs. Legal Findings. See Scope of Appellate Review, Issues of law vs. Issues of fact, Article 17.6 of the DSU (S.3.3)
Financial contribution. See SCM Agreement, Article 1.1(a)(1) (S.2,3)
Financial contribution - "in kind". See SCM Agreement, Article 1.1(a)(1)(iii) (S.2.6-7)
G.1. GATS
G.1.1. Article I: Scope of application - Measures affecting trade in services. See also GATT 1994: Relationship between the GATT 1994 and the GATS (G.2.2)
G.1.2. Schedules
G.1.2.1. Interpretation of Schedules
G.1.2.2. Relevance of the Central Product Classification (CPC), Services Sectoral Classification List (W/120) and Scheduling Guidelines
Article XIV. See General Exceptions: Article XIV of OATS (G.4)
G.1.3. Article XVI - Market access
G.1.3.1. General
G.1.3.2. Article XVI:1 - Relation to paragraph 2
G.1.3.3. Article XVI:2 - Chapeau
G.1.3.4. Article XVI:2(a) - "limitations on the number of service suppliers"
G.1.3.5. Article XVI:2(c) - "limitations on the total number of service operations"
G.1.3.6. Article XVI:2 Measures directed at consumers
Article II. See MFN Treatment, Article II of the GATS (M.2.2)
Article XVII. See National Treatment, Article XVII of the OATS (N.1.13)
G.2. GATT 1994
Article I. See Enabling Clause, Paragraph 1 (E.1.1); MFN Treatment, Article I of the GAIT 1994 (M.2.1)
Article II. See Tariff Concessions (T.1)
Article III. See National Treatment (N.1); SCM Agreement, Article III:8 of the GAIT 1994 - Subsidies (S.2.42)
Article VI. See Anti-Dumping Agreement (A.3)
Article VI:3. See SCM Agreement, Article VI:3 of the GATT 1994 Subsidies (S.2.43)
Article VIII. See International Monetary Fund - "Coherence" (I.2)
Article X. See Licensing Agreement (L.2); Publication and Administration of Trade Regulations (P.5)
Article XIII. See Tariff Quotas - Non-Discriminatory Administration (T.2)
Article XV. See International Monetary Fund - "Coherence" (I.2); Seek Information and Technical Advice (S.4)
Article XVI. See SCM Agreement, Relationship between the SCM Agreement and the GATT 1994 (S.2.41)
Article XVIII:11, Ad Note. See Balance-of-Payments Restrictions (B.1)
Article XVIII:11, Proviso. See Balance-of-Payments Restrictions (B.1)
Article XIX. See Safeguards Agreement, Article XIX of the GATT 1994 (S.1,45-50); Safeguards Agreement, Relationship between the Safeguards Agreement and the GATT 1994 (S.1.44)
Article XX. See General Exceptions: Article XX of the GATT 1994 (G.3)
Article XXIV. See Regional Agreements (R.1)
G.2.1. Language of Annex lA incorporating the GATT 1994 into the WTO Agreement. See also Status of Panel and Appellate Body Reports (S.8)
Relationship between the GATT 1994 and the Agreement on Agriculture. See Agreement on Agriculture, Relationship between the Agreement on Agriculture and the GAIT 1994 (A.1.37)
Relationship between the GATT 1994 and the Anti-Dumping Agreement. See Anti-Dumping Agreement, Relationship between the Anti-Dumping Agreement and the GATT 1994 (A.3.64)
G.2.2. Relationship between the GATT 1994 and the CATS. See also CATS, Article I: Scope of application - Measures affecting trade in services (G.1.1)
Relationship between the GATT 1994 and the Agreement on Import Licensing Procedures. See Licensing Agreement (L.2)
Relationship between the GATT 1994 and the Agreement on Safeguards. See Safeguards Agreement, Relationship between the Safeguards Agreement and the GATT 1994 (S.1.44)
Relationship between the GATT 1994 and the SCM Agreement. See SCM Agreement, Relationship between the SCM Agreement and the GATT 1994 (S.2.41)
Relationship between the GATT 1994 and the Schedules to the GATT 1994. See Tariff Concessions (T.1)
G.3. General Exceptions: Article XX of the GATT 1994. See also General Exceptions: Article XIV of GATS (G.4)
G.3.1. Article XX - Two-tier analysis
G.3.2. Article XX(b) - Relationship with Article III
G.3.3. Article XX(b) - Evidence. See also General Exceptions: Article XX of the GATT 1994, Article XX(d) - Necessity test (G.3.6)
G.3.3A. Article XX(a) and (b) - Necessity test
G.3.4. Article XX(b) - Objective pursued
G.3.4A. Article XX(b) - Alternative measures
G.3.5. Article XX(d) - Level of enforcement - alternative measure
G.3.5A. Article XX(d) - "laws or regulations"
G.3.5B. Article XX(d) - "to secure compliance"
G.3.6. Article XX(d) - Necessity test
Contents note continued: G.3.7. Article XX(g) - "conservation of exhaustible natural resources"
G.3.8. Article XX(g) - "measures made effective in conjunction with"
G.3.9. Article XX(g) - "relating to"
G.3.10. Article XX(g) - Jurisdictional limitation. See also National Treatment, Relationship between Article III and Article XX (N.1.12)
G.3.11. Chapeau of Article XX - General
G.3.12. Chapeau of Article XX - "arbitrary or unjustifiable discrimination between countries where the same conditions prevail"
G.3.13. Chapeau of Article XX - "disguised restriction on international trade"
G.4. General Exceptions: Article XIV of GATS
G.4.1. Relationship to Article XX of the GATT 1994
G.4.2. Article XIV(a) - "public morals" and "public order"
G.4.3. Article XIV(a) - Burden of proof
G.4.4. Article XIV(a) - Necessity test - Reasonably available alternative
G.4.5. Chapeau of Article XIV
H.1. Harmonized System
Implementation of DSB Rulings. See Review of Implementation of DSB Rulings, Article 21.5 of the DSU (R.4)
I.0. Implementation Recommendations - Article 19.1 of the DSU. See also SCM Agreement, Article 4.7 - "withdraw the subsidy without delay" (S.2.19); SCM Agreement, Article 7.8 - Remedies (S.2.19C)
Import Licensing. See Licensing Agreement (L.2)
Indirect Subsidization - Pass-through. See SCM Agreement, Article VI:3 of the GATT 1994 - Subsidies (S.2.43)
I.1. Inferences Drawn from the Refusal of a Party to Provide Information. See also Business Confidential Information (B.4); Confidentiality (C.6); Seek Information and Technical Advice (S.4)
Internal Taxation Regulation. See National Treatment, Article III:2, first and second sentences (N.1.3-8); Taxation (T.3)
I.2. International Monetary Fund - "Coherence"
I.3. Interpretation. See also Anti-Dumping Agreement, Article 17.6(ii) - "permissible interpretations" (A.3.60)
I.3.1. General rules of treaty interpretation - Articles 31 and 32 of the Vienna Convention
I.3.2. Text. See also Interpretation, Legitimate expectations (1.3.5); Municipal Law (M.5)
I.3.3. Context
I.3.4. Domestic legislative history
I.3.5. Legitimate expectations
I.3.6. Object and purpose
I.3.7. Principle of effectiveness
I.3.8. Principle of in dubio mitius
I.3.9. Subsequent practice
I.3.9A. Subsequent agreement
I.3.10. Supplementary means of interpretation - Article 32 of the Vienna Convention
I.3.11. Multiple authentic languages - Article 33 of the Vienna Convention
I.3.12. Historical materials
Issues of Fact/Law. See Scope of Appellate Review, Issues of law vs. Issues of fact (S.3.3)
J.1. Judicial Economy. See also Completion of the Legal Analysis by the Appellate Body (C.4)
J.2. Jurisdiction
J.2.1. General. See also Anti-Dumping Agreement, Article 17.4 - "matter referred to the DSB" (A.3.56); Balance-of-Payments Restrictions (B.1); Legislation as such vs. Specific Application (L.1); Mandatory and Discretionary Legislation (M.1); Terms of Reference of Panels (T.6)
Appellate Body. See Scope of Appellate Review (S.3)
Panels. See Standard of Review (S.7); Terms of Reference of Panels (T.6)
Languages. See Interpretation, Multiple authentic languages - Article 33 of the Vienna Convention (1.3.11)
Law vs. Fact. See Scope of Appellate Review, Issues of law vs. Issues of fact (S.3.3)
L.0. Least-Developed Countries
L.1. Legislation as such vs. Specific Application. See also Anti-Dumping Agreement, Article 17.3 - consultations (A.3.55); Anti-Dumping Agreement, Article 17.4 - "matter referred to the DSB" (A.3.56); Mandatory and Discretionary Legislation (M.1); Municipal Law (M.5); Non-Violation Claims, Article XXIII:1(h) of the GATT 1994 - "any measure" (N.2.2); Terms of Reference of Panels, Specific measure at issue [ect.]
Legitimate expectation. See Interpretation, Legitimate expectations (1.3.5)
L.2. Licensing Agreement
Like products. See National Treatment, Article 111:2 of the GATT 1994, first sentence - "like products" (N.1.3); National Treatment, Article 111:4 of the GAIT 1994 - Regulatory discrimination, "Like products" (N.1.9.1); Textiles and Clothing Agreement, Article 6.2 - "like products" (T.7.5)
L.3. LomeĢ Convention
M.1. Mandatory and Discretionary Legislation. See also Burden of Proof, General (B.3.1); Jurisdiction, General (J.2.1); Municipal Law (M.5); Terms of Reference of Panels, Specific measure at issue (T.6.3)
Marrakesh Agreement Establishing the World Trade Organization. See WTO Agreement (W.4)
Matter referred to the DSB. See Claims and Arguments (C.1); Legislation as such vs. Specific Application (L.1); Request for the Establishment of a Panel (R.2); Terms of Reference of Panels (T.6)
Measure at Issue. See Legislation as such vs. Specific Application (L.1); Request for Establishment of a Panel, Article 6.2 of the DSU - Specific measures at issue (R.2.3); Terms of Reference of Panels, Specific measure at issue (T.6.3)
Measures affecting Trade in Services. See GATS, Article I (G.1.1)
Measures of the Kind. See Agreement on Agriculture, Article 4.2 and Footnote 1 (A.1.9-13)
M.2. MFN Treatment. See also Enabling Clause (E.1); Tariff Quotas Non-Discriminatory Administration (T.2)
M.2.1. Article I of the GATT 1994
M.2.2. Article II of the GATS
M.2.3. Article 4 of the TRIPS Agreement
Minimum Import Price. See Agreement on Agriculture, Article 4.2 and footnote 1 (A.1.9-13)
Modalities Paper. See Agreement on Agriculture, Relationship between the Agreement on Agriculture and the Modalities Paper (A.1.37A)
M.3. Mootness of Panel Findings as a Consequence of Appellate Body Ruling. See also Completion of the Legal Analysis by the Appellate Body (CA); Scope of Appellate Review (S.3)
Multiple Authentic Languages. See Interpretation (I.3)
M.4. Multiple Complainants. See also Panel Reports, Separate Panel Reports (P.1.3)
M.5. Municipal Law. See also Mandatory and Discretionary Legislation (M.1)
M.6. Mutually Agreed Solutions. See also Right to Bring Claims - Legal Interest (R.5)
N.1. National Treatment
N.1.1. Article III:1 of the GATT 1994 - General principle
N.1.1A. Relationship between Article II and Article 111:2 of the GATT 1994
N.1.2. Article III:2 of the GATT 1994 - Tax discrimination
N.1.3. Article III:2 of the GATT 1994, first sentence - "like products"
N.1.3.1. Scope of "like products"
N.1.3.2. Criteria. See also National Treatment, Article III:4 of the GATT 1994 - Regulatory discrimination - Relation to Article III:2 (N.1.9.3); Textiles and Clothing Agreement, Article 6.2 - "like products" (T.7.5)
N.1.4. Article III:2 of the GATT 1994, first sentence - "in excess of"
N.1.5. Article III:2 of the GATT 1994 - Notions of "like" and "directly competitive or substitutable" products
N.1.6. Article III:2 of the GATT 1994, second sentence - "directly competitive or substitutable" products. See also Directly Competitive or Substitutable Products (D.1); Textiles and Clothing Agreement, Article 6.2 - "directly competitive products" (T.7.4)
N.1.7. Article III:2 of the GATT 1994, second sentence - "not similarly taxed"
N.1.8. Article III:2 of the GATT 1994, second sentence - "so as to afford protection"
N.1.9. Article III:4 of the GATT 1994 - Regulatory discrimination
N.1.9.1. "Like products"
N.1.9.2. Relation to general principle in Article III:1
N.1.9.3. Relation to Article 111:2
N.1.9.4. Likeness criteria
N.1.9.5. Evidence
N.1.10. Article III:4 of the GATT 1994 - "affecting"
N.1.11. Article III:4 of the GATT 1994 - "less favourable treatment"
N.1.12. Relationship between Article III and Article XX
N.1.13. Article XVII of the GATS. See also MFN Treatment, Article II of the OATS (M.2.2)
N.1.14. Article 3.1 of the TRIPS Agreement
Non-Discrimination, See Enabling Clause (E.1); MFN Treatment (M.2); National Treatment (N.1); State Trading Enterprises (S.7A); Tariff Quotas - Non-Discriminatory Administration (T.2)
Non-Governmental Organizations. See Amicus Curiae Briefs, Briefs submitted by NGOs (A.2.1)
N.2. Non-Violation Claims. See also Interpretation, Legitimate expectations (13.5); Legislation as such vs. Specific Application (L.1)
N.2.1. Article XXIII:1(b) of the GATT 1994 - General
N.2.2. Article XXIII:1(b) of the GATT 1994 - "any measure"
Notice of Appeal. See Claims and Arguments (C,1); Request for the Establishment of a Panel (R.2); Scope of Appellate Review (S.3); Standard of Review, Article 11 of the DSU (S.7.2-8); Working Procedures for Appellate Review, Rule 20 - Notice of Appeal (W.2.7)
N.3. Nullification or Impairment. See also Non-Violation Claims (N.2)
0.1. Objections. See also Terms of Reference of Panels (T.6)
Objective assessment of the Matter. See Legislation as such vs. Specific Application (L.1); Request for the Establishment of a Panel (R.2); Scope of Appellate Review, Review of "objective assessment" by the panel - Article 11 of the DSU (S.3.2); Standard of Review, Article 11 of the DSU (S.7.2-8); Terms of Reference of Panels (T.6); Working Procedures for Appellate Review, Rule 20 - Notice of Appeal, Article 11 of the DSU Allegation of the panel's failure to objectively assess [ect.]
Omission to Act. See Legislation as such vs. Specific Application (L.1)
0.2. Order of Analysis - Use of Assumptions
Ordinary Meaning. See Interpretation, Text (1.3.2)
P.1. Panel Reports
P.1.1. Basic rationale behind findings and conclusions. See also Claims and Arguments (C.1); Claims and Panel Reasoning (C.2); Standard of Review (S.7)
Contents note continued: Duty to address issues. See Completion of the Legal Analysis by the Appellate Body (C.4); Judicial Economy (J.1); Jurisdiction (J.2); Objections (0.1)
P.1.2. Panel findings not appealed. See also Review of Implementation of DSB Rulings, Article 21.5 of the DSU - Effect of DSB rulings in the original dispute (R.4.3)
P.1.3. Separate panel reports
Status of GATT panel reports. See Review of Implementation of DSB Rulings, Article 21.5 of the DSU - Effect of DSB rulings in the original dispute (R.4.3); Status of Panel and Appellate Body Reports (S.8)
Panel Request. See Claims and Arguments (C.1); Jurisdiction (J.2); Legislation as such vs. Specific Application (L.1); Request for the Establishment of a Panel (R.2); Terms of Reference of Panels (T.6)
Panels. See Claims and Arguments (C.1); Claims and Panel Reasoning (C.2); Inferences Drawn from the Refusal of a Party to Provide Information (I.1); Judicial Economy (J.1); Jurisdiction (3.2); Panel Reports (P.1); Request for the Establishment of a Panel (R.2); Review of Implementation of DSB Rulings, Article 21.5 of the DSU (R.4); Seek Information and Technical Advice (S.4); Standard of Review (S.7); Terms of Reference of Panels (T.6); Working Procedures for Panels [ect.]
P.2. Paris Convention (1967). See also TRIPS Agreement, Article 2.1 (T.9.2); TRIPS Agreement, Article 15.2 (T.9.4)
P.2.1. Article 6(1) - Trademarks
P.2.2. Article 6quinquies - Trademarks
P.2.3. Article 8 - Trade names
Pass-Through of Indirect Subsidization. See SCM Agreement, Article VI:3 of the GATT 1994 - Subsidies (S.2.43)
Patents. See TRIPS Agreement, Article 33 (T.9.7-9)
P.3. Principles and Concepts of General Public International Law
P.3.1. Good faith - Pacta sunt servanda
P.3.2. Jura novit curia
P.3.3. Non-recognition of foreign expropriations
P.3.4. No retroactive application of treaties. See also Temporal Application of Rights and Obligations (T.5)
P.3.5. Precautionary principle. See also SPS Agreement, Article 5.7 Precautionary principle (S.6.23)
P.3.6. Proportionality
P.3.7. Estoppel
P.3.8. Relevance/Effect of recourse to other dispute settlement mechanisms
P.4. Private Counsel Participation in Dispute Settlement Proceedings
P.5. Publication and Administration of Trade Regulations. See also Safeguards Agreement, Article 3.1 (S.1.18-22); Safeguards Agreement, Article XIX of the GATT 1994 - General (S.1.45)
P.5.1. Article X:1 of the GATT 1994 - Publication of laws, regulations, judicial decisions and administrative rulings of general application
R.5.2. Article X:2 of the GATT 1994 - Publication of measures of general application
R.5.3. Article X:3 of the GATT 1994
P.5.3.1. Paragraph (a) - Uniform, impartial and reasonable administration
P.5.3.2. Paragraph (b) - Independent judicial, arbitral or administrative review
P.5.4. SPS Agreement, Annex B on "Transparency of SPS Regulations", paragraph 1
Refusal of a Party to Provide Information. See Inferences Drawn from the Refusal of a Party to Provide Information (1.1)
R.0. Recourse to the DSU for violations of the covered agreements
R.1. Regional Trade Agreements
R.1.1. Article XXIV:4 - Purpose of trade integration
R.1.2. Article XXIV:5 - Chapeau
R.1.3. Article XXIV:5(a) - Duties and other external trade regulations "not on the whole" higher or more trade restrictive than prior to customs union formation
R.1.4. Article XXIV:8(a)(i) - Elimination of duties and other trade restrictions on "substantially all" internal trade
R.1.5. Article XXIV:8(a)(ii) - "substantially the same" duties and other regulations on external trade
R.1.6. Relationship between Article XXIV of the GATT 1994 and the Safeguards Agreement. See also Safeguards Agreement, Article 2 - Parallelism (S.1.13)
R.1.7. Relationship between regional trade agreements and the covered agreements
R.2. Request for the Establishment of a Panel. See also Claims and Arguments (C.1); Legislation as such vs. Specific Application (L.1); Standard of Review, Article 11 of the DSU (5.7.2-8); Terms of Reference of Panels (T.6); Working Procedures for Appellate Review (W.2)
R.2.1. Article 6.2 of the DSU - General
R.2.2. Article 6.2 of the DSU - Claims and legal basis of the complaint. See also Burden of Proof, General (B.3.1); Claims and Arguments (C.1); Claims and Panel Reasoning (C.2); Enabling Clause (E.1)
R.2.3. Article 6.2 of the DSU - Specific measures at issue. See also Legislation as such vs. Specific Application (L.1); Mandatory and Discretionary Legislation (M.1); Terms of Reference of Panels, Specific measure at issue (T.6.3)
R.2.4. Article 6.2 of the DSU - "whether consultations were held"
R.2.5. Relationship between Article 6.2 and Article 21.5 of the DSU
Resolution of a Dispute. See Review of Implementation of DSB Rulings, Article 21.5 of the DSU (R.4); Working Procedures for Appellate Review, Rule 30 - Withdrawal (W.2.13)
R.3. Retroactive Application of Trade Measures
R.4. Review of Implementation of DSB Rulings, Article 21.5 of the DSU
R.4.0. Article 21.5 of the DSU - General
R.4.1. Article 21.5 of the DSU - "measures taken to comply"
R.4.2. Article 21.5 of the DSU - "new claims"
R.4.3. Article 21.5 of the DSU - Effect of DSB rulings in the original dispute. See also Status of Panel and Appellate Body Reports (S.8)
R.4.4. Article 21.5 of the DSU - "these dispute settlement procedures"
R.4.5. Article 21.5 of the DSU - Prejudice
Review of Countervailing Duty Measures. See SCM Agreement, Article 21 (S.2.29-33)
R.4.6. Article 21.5 of the DSU - "Post suspension of concessions"
R.5. Right to Bring Claims - Legal Interest
R.6. Rules of Conduct
S.1. Safeguards Agreement
S.1.1. General
S.1.2. Standard of review. See also Standard of Review, Article 11 of the DSU (S.7.2-8)
S.1.3. Article 2.1- "like or directly competitive products". See also Safeguards Agreement, Article 4.1(c) - Domestic industry (S.1.25)
S.1.4. Article 2.1 - Domestic decision-making
S.1.5. Articles 2.1 and 4.1(c) - Territorial application of safeguard measure
S.1.6. Article 2.1 - Increased imports
S.1.7. Article 2.1 - Examination of trends
S.1.8. Article 2.1 - Decrease at the end of an investigation period
S.1.9. Article 2.1 - Increase relative to domestic production
S.1.10. Article 2.1 - Serious injury or threat thereof. See also Safeguards Agreement, Article 4.1(b) - Threat of serious injury (S.1.24)
S.1.11. Article 2.1 - Causation. See also Safeguards Agreement, Article 4.2(b) Causation (S.1.29-32)
S.1.12. Article 2.1 - "under such conditions"
S.1.13. Article 2 - Parallelism
S.1.13.1. General
S.1.13.2. Prima facie case
S.1.14. Article 2 - "factors other than increased imports"
S.1.15. Article 2 - Separate determinations
S.1.16. Article 2.1 - footnote 1 - Customs union. See also Regional Trade Agreements, Relationship between Article XXIV of the GATT 1994 and the Safeguards Agreement (R.1.6)
S.1.17. Article 2.2 - Free trade area. See also Regional Trade Agreements, Relationship between Article XXIV of the GATT 1994 and the Safeguards Agreement (R.1.6)
S.1.18. Article 3.1 - General
S.1.19. Article 3.1 - Investigation
5.1.20. Article 3.1 - Multiple findings
5.1.21. Article 3.1 - Published report
S.1.22. Article 3.1 - Reasoned conclusions
S.1.23. Article 4.1(a) - Serious injury
S.1.24. Article 4.1(b) - Threat of serious injury. See also Safeguards Agreement, Article 2.1- Serious injury or threat thereof (S.1.10); Anti-Dumping Agreement, Article 3.7 - Threat of material injury (A.3.27); SCM Agreement, Article 15.7 - Threat of material injury (S.2.25B)
S.1.25. Article 4.1(c) - Domestic industry
Article 4.2(a) - "increase in imports". See Safeguards Agreement, Article 2.1 - Increased imports (S.1.6)
S.1.26. Article 4.2(a) - Evaluation of relevant injury factors. See also Standard of Review, Article 11 of the DSU - Objective assessment of whether the investigating authority's explanation is reasoned and adequate (S.7.4)
S.1.27. Article 4.2(a) - Data for the injury evaluation
S.1.28. Article 4.2(a) - Injury data relating to the most recent past
S.1.29. Article 4.2(b) - Causation of injury by increased imports
S.1.30. Article 4.2(b) - Causation of injury by increased imports vs. other factors
S.1.31. Article 4.2(b) - Non-attribution of injury caused by other factors
S.1.32. Article 4.2(b) - Causation - Assumptions regarding increased imports and injury
S.1.33. Article 4.2(c) - Publication of a detailed analysis. See also Safeguards Agreement, Article 3.1 - General (S.1.18); Safeguards Agreement, Relationship between Article XIX of the GATT 1994 and Article 3.1 of the Safeguards Agreement (S.1.46); Safeguards Agreement, Relationship between Article XIX of the GATT 1994 and Article 4.2(c) of the Safeguards Agreement [ect.]
S.1.34. Article 5.1 - Application of the safeguard measure to the extent necessary to prevent or remedy serious injury and to facilitate adjustment. See also Principles and Concepts of General Public International Law, Proportionality (P.3.6)
S.1.35. Article 5.1 - Justification of the necessary extent of the application
S.1.36. Relationship between Articles 5.1 and 4,2(b) of the Safeguards Agreement
S.1.37. Article 5.2(b) - Quota modulation
S.1.38. Article 8.1 - Equivalent level of concessions
S.1.39. Article 9.1 - Exclusion of developing country Members from the application of safeguards
S.1.40. Article 12.1 - Immediate notification
Contents note continued: S.1.41. Article 12.2 - Notification of all pertinent information
S.1.42. Article 12.3 - "adequate opportunity for prior consultations"
S.1.43. Relationship between the Safeguards Agreement and the Anti-Dumping Agreement
S.1.44. Relationship between the Safeguards Agreement and the GATT 1994
S.1.45. Article XIX of the GATT 1994 - General. See also Agreement on Agriculture, Article 5 - Special safeguard (A.1.14); Safeguards Agreement, General (S.1.1); Textiles and Clothing Agreement, Article 6 Transitional safeguard (T.7.1)
S.1.46. Relationship between Article XIX of the GATT 1994 and Article 3.1 of the Safeguards Agreement
S.1.47. Relationship between Article XIX of the GATT 1994 and Article 4.2(c) of the Safeguards Agreement
S.1.48. Article XIX of the GATT 1994 - "as a result of"
5.1.49. Article XIX of the GATT 1994 - "such product"
S.1.50. Article XIX of the GATT 1994 - "unforeseen developments"
Schedules of Concessions. See Tariff Concessions (T.1) and GATS, Schedules (G.1.2)
S.2. SCM Agreement
S.2.1. Object and purpose
S.2.2. Article 1.1 - "subsidy". See also SCM Agreement, Article 15 Determination of injury (S.2.25)
S.2.3. Article 1.1(a)(1) - "financial contribution"
S.2.3A. Article 1.1(a)(1) - "direct transfer of funds"
S.2.4. Article 1.1(a)(1)(ii) - "government revenue...otherwise due"
S.2.5. Article 1.1(a)(1)(ii), footnote 1 - Exemption from or remission of internal taxes upon exportation
S.2.6. Article 1.1(a)(1)(iii) - "Goods" provided by the government
S.2.7. Article 1.1(a)(1)(iii) - "Provision" of goods
S.2.8. Article 1.1(a)(1)(iv) - Payments to a funding mechanism, entrustment or direction to a private body
S.2.9. Article 1.1(b) - Conferral of a benefit on a recipient. See also Article 14 Chapeau - Calculation of the benefit to the "recipient" (S.2.22)
S.2.10. Article 1.1 - Pass-through of indirect subsidies. See also SCM Agreement, Article VI.3 of the GATT 1994 - Subsidies (S.2.43)
S.2.10A. Article 1.2 - Specificity
S.2.11. Article 3.1(a) - "except as provided in the Agreement on Agriculture" Export subsidies
S.2.12. Article 3.1(a) - "contingent, in law or in fact,...upon export performance"
S.2.13. Article 3.1(a) - Contingency in law
S.2.14. Article 3.1(a) - Contingency in fact
S.2.14A. Article 3.1(b) - "except as provided in the Agreement on Agriculture" Import substitution subsidies
S.2.15. Article 3.1(b) - "contingent upon the use of domestic over imported products"
S.2.16. Article 3.1(b) - Contingent in law and contingent in fact
S.2.17. Article 4, paragraphs 1 to 4- Consultations
S.2.18. Article 4.2 - "statement of available evidence"
S.2.19. Article 4.7 - "withdraw the subsidy without delay"
S.2.19A. Article 5 - "adverse effects" - Relationship with Article 6.3(c)
S.2.19B. Article 6.3(c) - Serious prejudice
S.2.19B.0. General
S.2.19B.1. Relevant market
S.2.19B.2. Relevant price
S.2.19B.3. Order of analysis
S.2.19B.4. Significant price suppression
S.2.19B.5. Effect of the subsidy - Causation and non-attribution
S.2.19B.6. Magnitude of subsidies
S.2.19B.7. "Pass-through" analysis
S.2.19B.8. Effect of subsidies over time
S.2.19B.9. Threat of serious prejudice
S.2.19B.10. Other effects of subsidies
S.2.19C. Article 7.8 - Remedies. See also Implementation Recommendations Article 19.1 of the DSU (1.0)
Article 10 and footnote 36 - Application of Article VI of the GATT 1994. See SCM Agreement, Article 1.1 - Pass-through of indirect subsidies (S.2.10); SCM Agreement, Article VI:3 of the GATT 1994 - Subsidies (S.2.43)
Article 11 - Initiation and subsequent investigation. See SCM Agreement, Article 15 - Determination of injury (S.2.25); SCM Agreement, Article 21.4 - Relationship with Articles 11 and 12 (S.2.33)
S.2.20. Article 11.4 - Initiation of an investigation
S.2.21. Article 11.9 - Termination of an investigation
S.2.21A. Article 11.11 -Time-limit for investigation
Article 12 - Evidence. See Evidence, Panel's Review of Evidence (E.3.2); SCM Agreement, Article 21.4 - Relationship with Articles 11 and 12 (S.2.33)
S.2.21B. Article 12.1 - Notice of information required and opportunity to present evidence. See also Anti-Dumping Agreement, Article 6.1 (A.3.30)
S.2.21C. Article 12.7 - Determinations on the basis of the facts available. See also Anti-Dumping Agreement, Article 6.8 and Annex II (A.3.32-36)
S.2.21D. Article 12.8 and 12.9 - "Interested parties"
S.2.22. Article 14 - Chapeau - Calculation of the benefit to the "recipient". See also SCM Agreement, Article 1.1(b) - Conferral of a benefit on a recipient (S.2.9)
S.2.23. Article 14(d) - Calculation of adequacy of remuneration
S.2.24. Article 14(d) - Alternative benchmark for calculating the adequacy of remuneration
S.2.25. Article 15 - Determination of injury
S.2.25A. Article 15.5 - Causation
S.2.25B. Article 15.7 - Threat of material injury. See also Anti-Dumping Agreement, Article 3.7 - Threat of material injury (A.3.27); Safeguards Agreement, Article 4.1(b) - Threat of serious injury (S.1.24)
S.2.26. Article 19.1 - Conditions for the imposition of countervailing duties
S.2.27. Article 19.3 - Imposition of countervailing duties on a non-discriminatory basis after aggregate investigation
S.2.28. Article 19.4 - Calculation of countervailing duty rates on per unit basis
S.2.29. Article 21 - Duration and review of countervailing duties
S.2.30. Article 21.1 - "only as long and to the extent necessary"
S.2.31. Article 21.2 - Review of the need for continued imposition
S.2.32. Article 21.3 - Termination of countervailing duties unless continued or recurrent subsidization and injury likely
S.2.33. Article 21.4 - Relationship with Articles 11 and 12
S.2.34. Article 22 - Public notice and explanation of determinations
S.2.35. Article 27 - Special and differential treatment for developing country Members
S.2.35.1. Paragraph 4 - Phase-out or standstill of export subsidies
S.2.35.2. Paragraphs 10 and 11- Higher de minimis subsidization threshold
S.2.36. Article 32.1 - Specific action against a subsidy. See also Anti-Dumping Agreement, Article 18.1 - Specific action against dumping (A.3.61); SCM Agreement, Article 1.1 - Pass-through of indirect subsidies (S.2.10); SCM Agreement, Article VI:3 of the GATT 1994 - Subsidies (S.2.43)
Article 32.3 - Temporal Scope of Application. See SCM Agreement, Relationship between the SCM Agreement and the GATT 1994 (S.2.41);
Temporal Application of Rights and Obligations, SCM Agreement (T.5.1)
Illustrative List of Export Subsidies: Items (c) and (d). See Agreement on Agriculture, Article 9.1(c) - Governmental action vs. Private action (A.1.25)
S.2.37. Illustrative List of Export Subsidies: Item (e), footnote 59, first sentence "remission or deferral of direct taxes"
S.2.38. Illustrative List of Export Subsidies: Item (e), footnote 59, fifth sentence "double taxation"
S.2.39. Illustrative List of Export Subsidies: Item (j) - Export credit guarantee or insurance. See also Agreement on Agriculture, Article 9.1(c) Governmental action vs. Private action (A.1.25)
S.2.40. Illustrative List of Export Subsidies: Item (k) - Export credits. See also Agreement on Agriculture, Article 9.1(c) - Governmental action vs. Private action (A.1.25); SCM Agreement, Illustrative List of Export Subsidies: Item (j) (S.2.39)
Relationship between the SCM Agreement and the Anti-Dumping Agreement. See Anti-Dumping Agreement, Relationship between the Anti-Dumping Agreement and the SCM Agreement (A.3.63)
S.2.41. Relationship between the SCM Agreement and the GATT 1994
S.2.42. Article 111:8 of the GATT 1994 - Subsidies
S.2.43. Article VI:3 of the GATT 1994 - Subsidies. See also Anti-Dumping Agreement, Article 18.1 - Specific action against dumping (A.3.61); SCM Agreement, Article 1.1 - Pass-through of indirect subsidies (S.2.10); SCM Agreement, Article 32.1 - Specific action against a subsidy (S.2.36)
S.3. Scope of Appellate Review. See also Competence of Panels and the Appellate Body (C.3); Completion of the Legal Analysis by the Appellate Body (C.4); Conditional Appeals (C.5); Judicial Economy (J.1); Jurisdiction (J.2); Legislation as such vs. Specific Application (L.1); Standard of Review, Article 11 of the DSU (S.7.2-8); Terms of Reference of Panels (T.6); Working Procedures for Appellate Review [ect.]
S.3.1. General
S.3.2. Review of "objective assessment" by the panel - Article 11 of the DSU. See also Standard of Review, Article 11 of the DSU (S.7.2-8)
S.3.3. Issues of law vs. Issues of fact (Article 17.6 of the DSU). See also Completion of the Legal Analysis by the Appellate Body (C.4); Mootness of Panel Findings as a Consequence of Appellate Body Rulings (M.3)
S.3.4. Need to address each issue raised (Article 17.12 of the DSU)
S.4. Seek Information and Technical Advice. See also Amicus Curiae Briefs (A.2); Burden of Proof (B.3); Evidence (E.3); Inferences Drawn from the Refusal of a Party to Provide Information (I.1); Standard of Review, Article 11 of the DSU (S.7.2-8)
Separate Panel Reports. See Panel Reports, Separate panel reports (P.1.3)
Special and Differential Treatment. See Enabling Clause (E.1); SCM Agreement, Article 27 - Special and differential treatment for developing country Members (S.2.35)
S.5. Special or Additional Rules and Procedures for Dispute Settlement. See also Anti-Dumping Agreement, Article 17 (A.3.54)
S.6. SPS Agreement
Contents note continued: S.6.1. Difference between the appropriate level of protection and the SPS measure chosen to implement. See also SPS Agreement, Article 5 (S.6.9-23)
S.6.2. Article 2 - Basic rights and obligations. See also SPS Agreement, Article 5.1 (S.6,9-14)
S.6.3. Article 2.2 - "sufficient scientific evidence". See also Burden of Proof, Presumption - prima facie case (B.3.2); SPS Agreement, Article 5.1 (S.6.9-14); SPS Agreement, Article 5.7 (S.6.19-23)
S.6.4. Article 2.3 - "not arbitrarily or unjustifiably discriminate between Members where identical or similar conditions prevail". See also SPS Agreement, Article 5.5 (S.6,15-17)
S.6.5. Article 3 - Level of protection and harmonization of SPS measures
S.6.6. Article 3.1- "measures based on international standards"
S.6.7. Article 3.2 - "measures which conform to international standards"
S.6.8. Article 3.3 - "measures which result in a higher level of...protection"
S.6.9. Article 5.1 and Annex A, paragraph 4 - Concept of risk assessment
S.6.10. Article 5.1 - Ascertainable risk
S.6.11. Article 5.1 - Types of risk assessment
S.6.12. Article 5.1 - Degree of risk
S.6.13. Articles 5.1 and 5.2 - Risk assessment - Specific to the risk identified
S.6.14. Article 5.1 - Requirement to base measure on the risk assessment
S.6.15. Article 5.5 - Consistency in the application of the appropriate level of protection
S.6.16. Article 5.5 - Distinctions in the level of protection in different situations
S.6.17. Article 5.5 - "result in discrimination or a disguised restriction"
S.6.18. Article 5.6 - Not more trade restrictive than required to achieve the appropriate level of protection
S.6.19. Article 5.7 - Provisional adoption of SPS measures
S.6.20. Article 5.7 - "where relevant scientific evidence is insufficient"
S.6.20A. Article 5.7 - "on the basis of available pertinent information"
S.6.21. Article 5.7 - "seek to obtain additional information"
S.6.22. Article 5.7 - "review...within a reasonable period of time"
S.6.23. Article 5.7 - Precautionary principle
S.6.24. Annex B on "Transparency of SPS Regulations", paragraph 1 "publication of laws, decrees or ordinances"
S.7. Standard of Review. See also Anti-Dumping Agreement, Article 17.6 - Standard of Review under the Anti-Dumping Agreement (A.3.58); Safeguards Agreement, General (S.1.1); Scope of Appellate Review (S.3); Seek Information and Technical Advice (S.4); Working Procedures for Appellate Review, Rule 20 - Notice of Appeal [ect.]
S.7.1. General
S.7.2. Article 11 of the DSU - Objective assessment of the matter
S.7.2A. Article 11 of the DSU - Objective assessment of the measure
S.7.3. Article 11 of the DSU - Objective assessment of the facts
S.7.4. Article 11 of the DSU - Objective assessment of whether the investigating authority's explanation is reasoned and adequate
S.7.5. Article 11 of the DSU - No de novo review
S.7.6. Article 11 of the DSU - Temporal scope of review
S.7.7. Article 11 of the DSU - "make such other findings [to] assist the DSB...in giving the rulings"
S.7.8. Standard of review: Article 11 of the DSU - Risk assessment under Article 5.1 of the SPS Agreement
Standing. See Right to Bring Claims - Legal Interest (R.5)
S.7A. State Trading Enterprises: Article XVII of the GATT 1994
S.7A.1. Article XVII of the GATT 1994 - "principles of non-discriminatory treatment"
S.7A.2. Article XVII of the GATT 1994, Ad Note - Differential prices for commercial reasons
S.7A.3. Article XVII:1 of the GATT 1994 - Relationship between subparagraphs (a) and (b)
S.7A.4. Article XVI1:1(b) of the GATT 1994 - "commercial considerations"
S.7A.5. Article XVII:1(b) of the GATT 1994 - Afford adequate opportunity to compete for participation in purchases or sales
S.7A.6. Article XVII:3 of the GATT 1994
S.8. Status of Panel and Appellate Body Reports. See also Panel Reports (P.1); Review of Implementation of DSB Rulings, Article 21.5 of the DSU - Effect of DSB rulings in original dispute (R.4.3)
Subsequent Practice. See Interpretation (I.3). See SCM Agreement (S.2)
Supplementary Means of Interpretation. See Interpretation, Supplementary means of interpretation - Article 32 of the Vienna Convention (I.3.10)
S.9. Suspension of Concessions or Other Obligations, See also Recourse to the DSU, Article 21.5 of the DSU - Post Suspension of Concessions (R.4.6)
T.1. Tariff Concessions
T.1.1. Article II of the GATT 1994. See also Agreement on Agriculture, Article 4.2 and footnote 1 (A.1.9-13)
T.1.1A. Relationship between Article II and Article 111:2 of the GATT 1994
T.1.2. Interpretation and clarification of Members' Schedules of tariff concessions. See also GATS, Schedules, Interpretation of Schedules (G.1.2.1)
T.1.3. Relationship between Schedules of concessions and the GATT 1994
T.1.4. Relationship between Members' Schedules and the Agreement on Agriculture. See also Agreement on Agriculture, Relationship between the Agreement on Agriculture and the GATT 1994 (A.1.37)
T.1.5. Modification of Schedules
T.2. Tariff Quotas - Non-Discriminatory Administration. See also Agreement on Agriculture, Article 4.1 - Market access commitments contained in Schedules (A.1.8); Licensing Agreement (L.2); Waivers (W.1)
T.3. Taxation. See also National treatment, Article I11:2 of the GATT 1994, first and second sentences (N.1.3-8)
T.4. TBT Agreement
T.4.1. Annex 1.1 - "technical regulation" definition
T.4.2. Annex 1.2 - Standards
Article 2.2 - "not be more trade-restrictive than necessary to fulfil a legitimate objective". See TBT Agreement, Article 2.4 - International standards as a basis for technical regulation (T.4.3)
T.4.3. Article 2.4 - International standards as a basis for technical regulation. See also Burden of Proof, General (B.3.1); Temporal Application of Rights and Obligations, TBT Agreement (T.5.3)
T.4.4. Article 2.4 - "except when such international standards or relevant parts would be an ineffective or inappropriate means"
T.4.5. Article 2.4 - Preparation, adoption and continued application of existing regulations
T.5. Temporal Application of Rights and Obligations. See also WTO Agreement, Article XVI:4 - WTO-conformity of laws, regulations and administrative procedures (W.4.3)
T.5.1. SCM Agreement
T.5.2. SPS Agreement
T.5.3. TBT Agreement. See also Principles and Concepts of General Public International Law, No retroactive application of treaties (P.3.4)
TRIPS Agreement. See TRIPS Agreement, Article 70 (T.9.11-15)
T.6. Terms of Reference of Panels. See also Claims and Arguments (C.1); Claims and Panel Reasoning (C.2); Competence of Panels and the Appellate Body (C.3); Judicial Economy (J.1); Jurisdiction (J.2); Legislation as such vs. Specific Application (L.1); Request for the Establishment of a Panel (R.2); Standard of Review - General [ect.]
T.6.1. General
T.6.2. Claims and legal basis of the complaint. See also Burden of Proof, General (B.3.1); Claims and Arguments (C.1); Enabling Clause (E.1); Judicial Economy (J.1); Jurisdiction (J.2); Request for the Establishment of a Panel, Article 6.2 of the DSU - Claims and legal basis of the complaint (R.2.2)
T.6.3. Specific measure at issue. See also Burden of Proof (B.3); Jurisdiction (J.2); Legislation as such vs. Specific Application (L.1); Mandatory and Discretionary Legislation (M.1); Request for the Establishment of a Panel - Specific measures at issue (R.2.3)
T.6.4. "Post suspension of concessions". See also Suspension of Concessions or Other Obligations (S.9)
Text. See Interpretation (I.3)
T.7. Textiles and Clothing Agreement
T.7.1. Article 6 - Transitional safeguard
T.7.2. Article 6.2 - "determination"
T.7.3. Article 6.2 - "domestic industry"
T.7.4. Article 6.2 - "directly competitive products". See also Directly Competitive or Substitutable Products (D.1)
T.7.5. Article 6.2 - "like products".
T.7.6. Article 6.4 - Attribution of serious damage. See also Principles and Concepts of General Public International Law, Proportionality (P.3.6)
T.7.7. Article 6.10 - No backdating of a safeguard
T.7.8. Article 6.11 - Provisional application of a safeguard
T.8. Third Party Rights. See also Amicus Curiae Briefs, Briefs submitted by WTO Members (A.2.2); Working Procedures for Appellate Review, Rule 24 - Third participants (W.2.9)
Trademarks. See Paris Convention (1967), Articles 6(1) and 6quinquies (P.2,1-2); TRIPS Agreement, Articles 15 and 16 (T.9.3-6)
Trade Names. See Paris Convention (1967), Article 8 (P.2,3); TRIPS Agreement, Article 2.1 (T.9.2)
Transparency. See Business Confidential Information (B.4); Confidentiality (C.6); Inferences Drawn from the Refusal of a Party to Provide Information (1.1); Publication and Administration of Trade Regulations (P.5); Seek Information and Technical Advice (5.4)
Treaties Incorporated into the TRIPS Agreement. See Paris Convention (1967) (P,2)
T.9. TRIPS Agreement
T.9.1. Article 1.2 - Definition of "intellectual property"
T.9.2. Article 2.1 - Intellectual property law conventions. See also Paris Convention (1967) (P.2)
Article 3.1 - National treatment. See National Treatment, Article 3.1 of the TRIPS Agreement (N,1.14)
Article 4 - MFN treatment. See MFN Treatment, Article 4 of the TRIPS Agreement (M.2.3)
T.9.3. Article 15.1 - Trademarks - "protectable subject-matter"
T.9.4. Article 15.2 - Trademarks - Denial of protection on other grounds
T.9.5. Article 16.1 - Trademarks - Exclusive rights conferred on the owner
T.9.6. Article 16.1 - Trademarks - Determination of ownership
Contents note continued: T.9.7. Article 33 - Patents - "term of protection"
T.9.8. Article 33 - Relationship with Article 62.2
T.9.9. Article 33 - Relationship with Article 70,2
T.9.10. Article 42 - Civil and administrative procedures and remedies
T.9.11. Article 70 - Relationship between paragraphs 1 and 2
T.9.12. Article 70.1 - Acts which occurred before the date of TRIPS application
T.9.13. Article 70.2 - "protection of existing subject-matter"
T.9.14. Article 70.8(a) - Filing of "mailbox" applications
T.9.15. Article 70.9 - Exclusive marketing rights
Vienna Convention on the Law of Treaties:
Article 26 - Pacta stint servanda, See Principles and Concepts of General Public International Law, Good faith - Pacta sunt servanda (P.3.1)
Article 28 - Non-retroactivity of treaties. See Principles and Concepts of General Public International Law, No retroactive application of treaties (P.3.4); Temporal Application of Rights and Obligations (T.5)
Article 31 See Interpretation, General rules of treaty interpretation Article 31 of the Vienna Convention (I.3.1)
Article 32 See Interpretation, Supplementary means of interpretation Article 32 of the Vienna Convention (1.3.10)
Article 33 See Interpretion, Multiple authentic languages - Article 33 of the Vienna Convention (1.3.11)
W.1. Waivers 1048 Withdrawal of an Appeal. See Working Procedures for Appellate Review, Rule 30 - Withdrawal (W.2.13)
W.2. Working Procedures for Appellate Review
W.2.0. Timing of an appeal. See also Rule 26 - Working Schedule (W.2.10); Rule 30 - Withdrawal (W.2.13)
W.2.1. General
W.2.2. Rule 3.1- Decision-making
W.2.3. Rule 3.2 - Concurring opinion - Article 17.11 of the DSU
W.2.3A. Rule 3.2 - Separate opinion - Article 17.11 of the DSU
W.2.4. Rule 8 - Rules of conduct - Confidentiality, See also Business Confidential Information (B.4); Confidentiality (C.6)
W.2.5. Rule 13 - Replacement of Appellate Body Member on Division. See also Working Procedures for Appellate Review, Rule 16 - Process (W.2.6)
W.2.5A. Rule 15 - Transition
W.2.6. Rule 16 - Process. See also Amicus Curiae Briefs, Additional procedure (A.2.3); Working Procedures for Appellate Review, Rule 26 - Working schedule (W.2.10); Working Procedures for Appellate Review, Rule 27 Oral hearing (W.2.11)
W.2.6A. Rule 18 - Documents
W.2.7. Rule 20 - Notice of Appeal
W.2.7.1. General
W.2.7.2. Content. See also Claims and Arguments (C.1)
W.2.7.3. Sufficiency of Notice of Appeal
W.2.7.4. Amendment. See also Working Procedures for Appellate Review, Rule 30 - Withdrawal, Withdrawal and re-filing of Notice of Appeal (W.2.13.1)
W.2.7.5. Article 11 of the DSU - Allegation of the panel's failure to objectively assess. See also Standard of Review, Article 11 of the DSU (S.7.2-8)
W.2.7A. Rule 21 - Appellant's submission
W.2.7B. Rule 22 - Appellee's submission
W.2.8. Rule 23 - Multiple appeals - (cross appeal), See also Working Procedures for Appellate Review, Rule 20 - Notice of Appeal (W.2.7); Working Procedures for Appellate Review, Rule 22 - Appellee's submission (W.2.7B)
W.2.9. Rule 24 - Third participants. See also Third. Party Rights (T.8); Working Procedures for Appellate Review, Rule 26 - Working schedule (W.2.10); Working Procedures for Appellate Review, Rule 27 - Oral hearing (W.2.11)
W.2.10. Rule 26 - Working schedule
W.2.10.1. Extension of deadline for submissions of participants or third participants
W.2.10.2. Extension of deadline for circulation of Appellate Body report
W.2.11. Rule 27 - Oral hearing. See also Business Confidential Information (B.4); Confidentiality (C.6)
W.2.11.1. Change of date
W.2.11.2. Joint oral hearing
W.2.11.3. Open oral hearing
W.2.12. Rule 28 - Written responses
W.2.13. Rule 30 - Withdrawal
W.2.13.1. Withdrawal and re-filing of Notice of Appeal
W.2.13.2. Withdrawal of appeal
Rules of Conduct - Annex a See Confidentiality (C.6); Working Procedures for Appellate Review, Rule 3 (W.2.2-3); Working Procedures for Appellate Review, Rule 8 (W.2.4); Working Procedures for Appellate Review, Rule 27 (W.2.11)
W.3. Working Procedures for Panels
W.4. WTO Agreement. See also GATT 1994, Language of Annex 1A incorporating the GATT 1994 into the WTO Agreement (G.2.1); Temporal Application of Rights and Obligations (T.5)
W.4.1. Preamble
Article IX - Decision-making. See Waivers (W.1)
W.4.2. Article XVL1 - Relevance to GATT 1947 decisions, procedures and customary practices
W.4.3. Article XVI:4 - WTO-conformity of laws, regulations and administrative procedures. See also Anti-Dumping Agreement, Article 18.4 - Obligation to ensure WTO-conformity of domestic anti-dumping laws, regulations and procedures (A.3.62)
ARB.1. Mandate of Arbitrator under Article 21.3(c)
ARB.2. Prompt Compliance
ARB.3. Withdrawal or Modification of the Measure
ARB.3.1. General
ARB.3.2. Panel recommendations
ARB.4. "Reasonable Period of Time"
ARB.4.1. General
ARB.4.2. 15-month guideline
ARB.4.3. Shortest period possible within a Member's legal system
ARB.4.4. Single or multiple period(s) of time?
ARB.5. "Particular Circumstances"
ARB.5.1. General
ARB.5.2. Actions taken since DSB adoption of report(s)
ARB.5.3. Complexity of implementing measures
ARB.5.4. Complexity of implementation process
ARB.5.5. Relevance of contentiousness
ARB.5.6. Means of implementation
ARB.5.7. Structural adjustment
ARB.5.8. Economic and financial collapse
ARB.5.9. Economic impact of existing measure. See also Relevance of contentiousness (ARB.5.5)
ARB.5.10. Developing countries
ARB.5.11. Calendar of legislative body
ARB.5.12. Flexibility of implementation process
ARB.5.13. Relevance of legislative action on other measures
ARB.5.14. Existence of previous disputes relevant for determination of reasonable period of time
ARB.6. Burden of Proof
Annex A Terms of Office of Current and Former Appellate Body Members and Chairpersons - 31 December 2009
Annex B Biographies of Current and Former Appellate Body Members
Annex C Information on Appellate Body Reports - 1996 to January 2010
Annex D Arbitration Awards under Article 21.3(c) of the DSU - 1996 to 2009
Annex E Articles of Covered Agreements Addressed in Appellate Body Reports
Annex F Working Procedures for Appellate Review WT/AB/WP/6.