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D
Dairy
products
Canada
“financed
by virtue of governmental action”
Import
Licensing Agreement and GATT
“payments-in-kind”
supplementary
rules of interpretation
tariff-rate
quotas
cheese
cream powder
final provisions
food aid
information on transactions
International Dairy Agreement
adoption
inventories
measures
to be kept by the Secretariat
Korea
absence
of claim
adequate
opportunity for prior consultation
application
of safeguard measures
causation
analysis
consideration
of “all relevant factors”
distinction
between “claims” and “arguments”
emergency
action on imports of particular products
immediate
notification requirements
issues
of law
preamble
to the Agreement on Safeguards
principle
of effective treaty interpretation
relationship
between GATT and the Agreement on Safeguards
right
to bring claims
summary
of legal basis of the complaint
“under
such conditions”
market monitoring
milk powder
notification procedures
information
and market monitoring
minimum
prices
prices
notification requirements for minimum prices
Protocol Relating to Milk Fat
reports
status
reports to be distributed by the Secretariat
rules of procedure
information on transactions
transactions other than normal commercial transactions
Damages
intellectual property rights
enforcement of property
rights
Database for tariffs
Integrated Data Base Project
Data collection
anti-dumping
determination of
dumping
determination of
injury
Data-processing equipment
customs valuation
carrier media bearing
software
Decision-making
accession
requests for waivers or
accessions
WTO Agreement
exclusive authority to adopt
interpretations
procedures
requests for authoritative
interpretations,
waivers, WTO 178,
182
Declared value
customs valuation
decision regarding truth or
accuracy of declared value
Decline in imports
safeguard measures
Defendants
intellectual property rights
indemnification of
defendants
Definitive safeguard measures
see
Safeguard measures
De minimis
application of
agriculture
anti-dumping, AD 158, 247
GATT, GATT 145,
150, 183,
190
Developing countries
anti-dumping
“before applying anti-dumping
duties”
constructive
remedies
generally
relationship between
provisions
“shall be explored”
Customs Valuation Agreement
delayed application and
reservations
delayed application of
miscellaneous provisions
five-year delay
period
import licensing
application of provisions to
members
financial and trade
needs
intellectual property rights
least-developed countries
investment measures
extension of transition
periods
most-favoured-nation treatment
accountancy
services
contact
points
electronic
commerce
generally
special treatment of
least-developed countries
waiver on preferential treatment
for least-developed countries
regional trade agreements
notification of agreements
subsidies and countervailing
measures
absence of termination date
actual expenditures or budgeted
amounts
allocation of burden of
proof
burden of
proof
compliance
requirements
conflict between GATT and the
SCM Agreement
constant or nominal
values
failure to comply with
conditions
format for
notifications
granting of
subsidies
phasing out export
subsidies
relationship between
provisions
special and differential treatment
of developing countries
use of subsidies inconsistent with
development needs
trade in services
contact
points
increasing participation of
developing countries
World Trade Organization
Comprehensive and Integrated
WTO Plan of Action
least-developed country commitments
Development
commitments
interpretation and application of
provisions
customs valuation
linguistic consistency of the term
“development”
interpretation and application of provisions
principles and objectives of trade
and development
Director-General
appointment
budget submission
conditions of service
financial statement submission
first Director-General of the WTO
powers and duties
reports
submission of budgetary and
financial reports to the BFA Committee
term of office
Trade Policy Review Mechanism
annual reports by the
Director-General
Direct subsidies
Canada
export subsidy commitments
Disciplines on export prohibitions
and restrictions
agriculture
food and food products
Discrimination
arbitrary or unjustifiable discrimination
general exceptions
arbitrary or unjustifiable
discrimination
disguised restriction on
international trade
due process
examples of arbitrary and
unjustifiable discrimination
single, rigid, and unbending
requirement
standard of
discrimination
type of discrimination covered by
the chapeau
most-favoured-nation treatment
de facto
discrimination
de jure
discrimination
most-favoured-nation status and
discrimination among products
products originating in or destined
for another country
non-discrimination
exceptions to the rule of
non-discrimination
reference to GATT practice
patents
“de facto
discrimination”
field of
technology
“without
discrimination”
SPS measures
arbitrary or unjustifiable
restrictions
disguised restrictions on
trade
elements required for
violation
similar products and different
products
Disease-free areas
SPS measures
Displacement
subsidies and countervailing
measures
demonstration of
displacement
Dispute settlement
additional rules and procedures
adverse inferences
function of
panel
refusal to provide
information
anti-dumping
challenges against anti-dumping
legislation
concurrent application of
provisions
implicit restriction on challenges
to legislation
mandatory vs. discretionary
legislation
matters affecting operation of the
agreement
terms of
reference
amicus curiae briefs, DSU 198, 208, 241
Appellate Body
establishment of the Appellate
Body
appellate review
burden of proof, DSU 258, 267
completing the
analysis
domestic
law
due
process
factual
findings
generally
issues of
law
legal
findings
legal
interpretations
measures taken to
comply
notice of
appeal
participation
by original parties
private
counsel
recommendations and rulings
statements of panels not amounting
to “legal findings”
arbitration
jurisdiction of
arbitrators
mandate of the
arbitrator
scope of
review
third
parties
arguments
distinction between
“claims” and “arguments”
assessment of matter and facts
function of the
panel
attorneys
private
counsel
burden of proof
allocating burden of proof by
panel
concessions
detailed justification in support
of complaint
recommendations and
rulings
claims
distinction between
“claims” and “arguments”
legal basis for
claims
multiple
complainants
right to bring
claims
“clarify the existing
provisions”
communications with the panel
business confidential
information
composition of panels
indicative list of
panelists
selection of
panelists
confidential information
business confidential
information
consultations
conflicts
brief summary of legal basis of the complaint
presumption against
conflict
consultations
confidentiality of
consultations
generally
indicating whether consultations
were held
notification of requests for
consultations
prejudice
covered agreements
customary rules of interpretation
domestic law
due process
essential parties
establishment of panels
brief summary of legal basis of the
complaint
distinction between
“claims” and “arguments”
generally
governmental
action
identification of
industry
identification of
measures
identification of
products
“indicate whether
consultations were held”
legal basis for
claims
legal
interest
“matter”
private action as a
“measure”
requests for establishment must be
precise
right to bring
claims
scope of the term
“measure”
standard for sufficient
“identification”
terminated
measures
ethics
rules of
conduct
evidence
admission of evidence by
panel
detailed justification in support
of complaint
expectations
legitimate expectations
findings
basic rationale behind findings and
recommendations
“make such other
findings” by panel
function of panels
admission of
evidence
adverse
inference
burden of
proof
judicial
economy
“make such other
findings”
objective assessment of
matter
relationship with other
agreements
relationship with other
provisions
standard of
review
general rule of interpretation
good faith
effort to resolve the
dispute
generally
governmental action
implementation of recommendations
and rulings
industry
identification of
industry
information
right to seek
information
international law
customary rules of interpretation
interpretation
applicable interpretative
rules
International Law Commission
commentaries on state responsibility
judicial economy
function of
panel
jurisdiction
arbitration
terms of reference as a
panel’s
scope of jurisdiction
legal interest in bringing claims
legislation
domestic
law
mandatory vs. discretionary
legislation as a measure
legitimate expectations
lex specialis
issue of lex
specialis
measures in dispute
compliance
identification of
measures
legal basis for claims
mandatory vs. discretionary
legislation as a measure
objective assessment of matter by
panel
private action as a
“measure”
reasonable period of
time
scope of the term
“measure”
terminated measures, DSU 88,
124
measures taken by another Member
generally
multilateral agreements
strengthening of the multilateral
system
multiple complainants
procedures
non-governmental organizations
access to the dispute settlement
process
non-retroactivity of treaties
notification procedures
appellate
review
requests for
consultations
nullification or impairment
presumption of nullification or
impairment
order of analysis
panel
procedures
panel procedure
access by non-governmental
organizations
basic rationale behind
findings
establishment of
facts
generally
government
procurement,
GPA 12, 25
injury determination based on
evidence
nullification or
impairment
order of
analysis
request for establishment of
panel
submissions
terms of
reference
timing provision, AD 326,
336
treatment of undisclosed
facts
unbiased and objective
determination
particular circumstances
parties
participation by original
parties
third parties, DSU 130, 284
predictability
prejudice
consultations shall be without
prejudice
presumption against conflict
issue of lex
specialis
presumptions
nullification or
impairment
principle of effective treaty interpretation
private action as a
“measure”
products
identification of
products
provisions invoked
Agreement on Agriculture
Agreement on Government
Procurement
Agreement on
Safeguards
Anti-Dumping
Agreement
ATC
Customs Valuation
Agreement
GATS
GATT, GATT 535,
572
Licensing
Agreement
SCM Agreement
SPS Agreement
TBT Agreement
TRIMs Agreement
TRIPS Agreement
reasonable period of time
recommendations of the panel or
Appellate Body
redress
WTO violations
refusal to provide information
responsibilities of the Secretariat
retroactivity of treaties
non-retroactivity
review
appellate
review
right to seek information
adverse inference from refusal to
provide information
information and technical
advice
relevant
sources
rules of conduct
rules of interpretation
general rule of
interpretation
principle of effective treaty
interpretation
supplementary
rules
rules of procedure
panel
procedure
security
selection of panelists
special rules and procedures
standard of review
function of
panel
state responsibility
submissions
panel
procedures
relationship between terms of
reference and submissions
subsequent practice
substantial interest
third
parties
supplementary rules of interpretation
surveillance of implementation of
recommendations and rulings
suspension of concessions
specificity in
request
technical assistance
right to seek
information
terminated measures, DSU 88,
124
terms of reference of panels
function of the terms of
reference
matter referred to the
DSB
relationship between terms of
reference and submissions
scope of
jurisdiction
terminated
measures
third parties
arbitration
authority of panel to direct member
to be a third party
enhanced third-party
rights
essential
parties
first substantive
meeting
generally
granting third-party
rights
rights under the
DSU
substantial
interest
time-periods
treaty interpretation
principle of effective
interpretation
Dispute Settlement Understanding
administration of the DSU
coverage and application
DSB
functions
rules of procedure
relationship with other agreements
Anti-Dumping
Agreement,
AD 311, DSU 67
SCM Agreement
third-party rights under the DSU
Documents
government procurement
circulation of
documents
TPRM
translation
TBT Agreement
notifications
TPRM
Domestic content requirements
contingent upon use of domestic
over imported goods
investment measures
Domestic industry
anti-dumping
analysis of impact of dumped
imports
companies outside the domestic
industry
definition of domestic
industry
evidence for domestic
producers
production of domestic industry
definition of domestic injury
internal taxation and regulation
payment of subsidies to domestic
producers
“so as to afford protection to
domestic production”
“treatment accorded to
similarly situated domestic parties”
safeguard measures
object of the Agreement on
Safeguards
producers as a
whole
segmented domestic
industry
serious
injury
Domestic regulation
trade in services
accountancy
services
disciplines on domestic
regulation
electronic
commerce
generally
professional
services
Working Party on Domestic
Regulation establishment
Domestic support commitments
general disciplines
Korea, AG 8, 60
notification requirements
DRAMs
United States
de minimis test for
duties
duration and review of duties and
price undertakings
initiating
investigations
legislation as a
measure
Drugs
SPS measures
controlled substances
abuse
Due allowance
anti-dumping
determination of
dumping
Due process
dispute settlement
general exceptions
publication
transparency and due
process
Dumping
anti-dumping
see Anti-dumping
determination of dumping
burden of
proof
cost
data
data from other exporters or
producers
period of data
collection
priority of options for determining
amount for profit
production and sales amounts
incurred and realized
request for cost
information
reasonability
test
“same general category of
products”
weighted
average
material injury
Duties
anti-dumping
collection of
duties
constructive
remedies
de minimis
test
duration and review of
duties
exporters or
producers
GATT
imposition of
duties
measures other than anti-dumping
duties
relationship between
provisions
civil aircraft
elimination of
duties
customs unions
application of “substantially
the same” duties
degree of
flexibility
customs valuation
bonding
requirements
most-favoured-nation treatment
ad valorem basis for
duties
advantages granted by
members
bonding
requirements
countervailing
duties
exemptions
frontier traffic and customs
unions
permitted
exceptions
privileged
exemptions
“shall be accorded immediately
and unconditionally”
unconditional
exemptions
subsidies and countervailing
measures
see Subsidies and countervailing
measures
Duty-free treatment
civil aircraft
application of duty-free treatment
to goods
most-favoured-nation treatment
partial granting of
exemption
permitted
exceptions
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