WTO Appellate Body Repertory of Reports and Awards: 1995-2005Cambridge University Press, 2006 M05 11 - 942 páginas The Appellate Body Repertory is the definitive reference tool for those interested in international trade law. It contains excerpts from WTO Appellate Body Reports, dating from the first Appellate Body Report adopted in May 1996, through to the sixty-eighth Report adopted in May 2005. The excerpts are organized according to the particular provision of the WTO Agreements examined, and by subject-matter. The Repertory also contains excerpts from Arbitration Awards issued pursuant to Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes determining the 'reasonable period' for implementation of Dispute Settlement Body rulings, for which Appellate Body Members have acted as Arbitrators. Readers will find useful the additional information relating to the Appellate Body and appellate proceedings set out in a number of Annexes, as well as the detailed indexes organized by subject-matter, by Appellate Body Reports, and by Arbitration Awards. |
Contenido
Administrative Review of Countervailing Duty Measures See | 3 |
2 Standard of Review See also Standard of Review Article 11 of the | 7 |
A 1 | 16 |
19 Article 9 1c Benchmark world market prices vs domestic prices | 22 |
24 Article 9 1c governmental action | 29 |
A 1 | 36 |
A 1 | 43 |
34 | 49 |
Regional Trade Agreements | 376 |
5 Chapeau | 377 |
2 Briefs submitted by WTO Members | 382 |
2 Article 6 2 of the DSU Claims and legal basis of the complaint | 384 |
3 Article 6 2 of the DSU Specific measures at issue See also Legislation | 391 |
Retroactive Application of Trade Measures | 396 |
Review of Implementation of DSB Rulings | 397 |
Right to Bring Claims Legal Interest | 403 |
A 1 | 55 |
34D 1 | 56 |
Annex 3 paragraph 7 Measures directed at agricultural processors | 64 |
Agreement on Implementation of Article VI of the GATT 1994 | 74 |
Amicus Curiae Briefs | 75 |
9A Article 2 2 1 1 consider all available evidence on the proper | 87 |
15 Article 3 1 general | 94 |
20 Article 3 2 No countryspecific analysis of volume and prices | 100 |
25 Article 3 5 Examination of other known factors | 107 |
A 2 | 109 |
30 Article 6 1 ample opportunity to present in writing all evidence | 111 |
35 Article 6 8 and Annex II reasonable period for submission | 117 |
45 Article 11 3 Sunset review conditions See also AntiDumping | 123 |
49 Article 11 3 Relationship with Article 2 See also AntiDumping | 129 |
52A Article 11 3 Likelihood of continuation or recurrence of injury | 136 |
6 | 137 |
52C Article 11 3 Timeframe for likelihood of continuation | 138 |
58 Article 17 6 Standard of Review under the AntiDumping Agreement | 144 |
BalanceofPayments Restrictions | 159 |
2 Presumption prima facie case | 165 |
4 Reversal of Burden of Proof See also Agreement on Agriculture | 175 |
Business Confidential Information | 177 |
Context See Interpretation General rules of treaty interpretation | 204 |
Competitive or Substitutable Products D | 205 |
8 | 215 |
Enabling Clause | 216 |
Evidence See also Burden of Proof B 3 Business Confidential | 224 |
GATS | 230 |
2 2 Relevance of the Central Product Classification CPC Services Sectoral | 234 |
2c limitations on the total number of service | 241 |
GATT 1994 | 243 |
2 Article XXb Relationship with Article III | 247 |
10 Article XXg Jurisdictional limitation See also National | 253 |
13 Chapeau of Article XX disguised restriction on international | 259 |
Article XIV of GATS | 260 |
5 Chapeau of Article XIV | 265 |
Import Licensing See Licensing Agreement L | 268 |
Issues of FactLaw See Scope of Appellate Review Issues of law | 287 |
Judicial Economy | 288 |
Jurisdiction | 294 |
Jurisdiction | 295 |
General B 3 1 Jurisdiction General J 2 1 Municipal Law M | 307 |
National Treatment | 324 |
2 of the GATT 1994 Tax discrimination | 325 |
2 of the GATT 1994 second sentence not similarly | 331 |
9 5 Evidence | 338 |
NonViolation Claims | 346 |
Nullification or Impairment See also NonViolation Claims N 2 | 347 |
Panel Reports | 358 |
3 Separate panel reports | 361 |
2 Article 6quinquies Trademarks | 363 |
Principles and Concepts of General Public International Law | 364 |
3 | 365 |
4 No retroactive application of treaties See also Temporal Application | 369 |
4 SPS Agreement Annex B on Transparency of SPS Regulations | 375 |
AntiDumping Agreement | 405 |
7 | 409 |
13 2 Prima facie case | 415 |
28 Article 4 2a Injury data relating to the most recent past | 431 |
35 Article 5 1 Justification of the necessary extent of the application | 437 |
40 Article 12 1 Immediate notification | 443 |
45 Article XIX of the GATT 1994 General See also Agreement | 449 |
SCM Agreement | 455 |
19B 2 Relevant price | 485 |
19B 7 Passthrough analysis | 491 |
35 2 Paragraphs 10 and 11 Higher de minimis subsidization threshold | 509 |
8 of the GATT 1994 Subsidies | 523 |
4 Need to Address Each Issue Raised Article 17 12 of the DSU | 533 |
6 | 534 |
Seek Information and Technical Advice | 536 |
Separate Panel Reports See Panel Reports Separate Panel Reports P 1 | 541 |
SPS Agreement | 542 |
6 Article 3 1 measures based on international standards | 547 |
13 Articles 5 1 and 5 2 Risk assessment specific to the risk identified | 553 |
18 Article 5 6 Not more trade restrictive than required to achieve | 560 |
Standard of Review | 564 |
2 Article 11 of the DSU Objective assessment of the matter | 567 |
Article XVII of the GATT 1994 | 586 |
S 7A 2 Article XVII of the GATT 1994 Note Ad differential prices | 587 |
3 of the GATT 1994 | 593 |
Tariff Concessions | 597 |
3 Relationship between Schedules of concessions and the GATT 1994 | 600 |
Tariff Quotas Nondiscriminatory Administration | 603 |
TBT Agreement | 606 |
2 SPS Agreement | 612 |
3 Specific measure at issue See also Burden of Proof B 3 Jurisdiction | 621 |
T 8 | 631 |
14 Article 70 8a Filing of mailbox applications | 642 |
Waivers | 645 |
6 Rule 16 Process See also Amicus Curiae Briefs Additional Procedure | 649 |
7 4 Amendment See also Working Procedures for Appellate Review | 655 |
7 5 Article 11 of the DSU Allegation of the panels failure to objectively | 656 |
10 Rule 26 Working schedule | 662 |
Working Procedures for Panels | 670 |
Mandate of Arbitrator Under Article 21 3c | 677 |
Withdrawal or Modification of the Measure | 683 |
10 Article 4 2 and Footnote 1 Measures of the kind | 686 |
Particular Circumstances | 690 |
Burden of Proof | 714 |
Information on Appellate Body Reports Short Title Document Symbol | 724 |
19972005 | 735 |
Annex F Working Procedures for Appellate Review | 754 |
Abbreviations used in the Table of References to the Covered | 776 |
| 790 | |
| 836 | |
| 850 | |
59 | 871 |
Subject Index by Case Arbitration Awards under Article 21 3c | 937 |
Términos y frases comunes
agree Agreement on Agriculture Agreement on Safeguards Alcoholic Beverages amicus curiae analysis Annex Anti-Dumping Agreement anti-dumping duties Appellate Body Report apply Argentina Article 11 Article 3.1 Article 6.2 Article III:2 basis Brazil Byrd Amendment Canada Chile claim competent authorities complaining party countervailing duty Country Tubular covered agreements Dairy Article 21.5 dispute settlement domestic industry dumped imports effects Enabling Clause establish European Communities evidence examination export credit guarantee export subsidy commitments factors facts footnote GATS GATT governmental action implementation inconsistent with Article interpretation investigating authorities legislation meaning of Article measure at issue obligations Panel Report paragraph paras particular payments Procedures provisions pursuant reasonable period recommendations and rulings relevant respect safeguard measure Schedule SCM Agreement sentence of Article specific Steel Sunset Review submission third participants trade treaty Tubular Goods Sunset United Upland Cotton US-Hot-Rolled Steel WTO Agreement WTO Members