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WTO Appellate Body Repertory of Reports and Awards: 1995-2004


ISBN13: 9780521850728
ISBN: 052185072X
Published: March 2005
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: Out of print



The Repertory of Appellate Body Case Law was initially developed as an internal research tool to assist the Appellate Body Secretariat in carrying out its duty to provide legal support to Appellate Body Members. The Repertory is now being made available to the public in the hope that it will become a practical tool for officials from WTO Members It will also assist academics, students and private practitioners of international trade law and dispute settlement.

The Repertory consists of excerpts from Appellate Body Reports; excerpts from Arbitration Awards issued pursuant to Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes on the duration of the 'reasonable period' for implementation of Dispute Settlement Body rulings; additional information relating to the Appellate Body and appellate proceedings; and detailed indexes, organized by subject-matter, by Appellate Body Reports, and by Arbitration Awards.

Subjects:
International Trade
Contents:
Part I: Appellate Body (AB) Reports:
A.1. Agreement on agriculture
A.2 Amicus Curiae briefs
A.3 Anti-Dumping Agreement
B.1 Balance-of-payments restrictions
B.2 Bilateral settlements
B.3 Burden of proof
B.4 Business confidential information
C.1 Claims and arguments
C.2 Claims and panel reasoning
C.3 Competence of panels and the Appellate Body
C.4 Completion of the legal analysis by the Appellate Body
C.5 Conditional appeals
C.6 Confidentiality
C.7 Consultations
D.1 Directly competitive or substitutable products
D.2 Due process
E.1 Enabling clause
E.2 Environmental multilateral agreements
E.3 Evidence
G.1 GATS
G.2 GATT 1994
G.3 General exceptions: Article XX of the GATT 1994
I.1 Inferences drawn from the refusal of a party to provide information
I.2 International monetary fund - 'coherence'
I.3 Interpretation
J.1 Judicial economy
J.2 Jurisdiction
L.1 Legislation as such vs. specific application
L.2 Licensing Agreement
L.3 Lome Convention
M.1 Mandatory and discretionary legislation
M.2 MFN treatment
M.3 Mootness of panel findings as a consequence of Appellate Body ruling
M.4 Multiple complainants
M.5 Municipal law
N.1 National treatment
N.2 Non-violation claims
N.3 Nullification or impairment
O.1 Objections
P.1 Panel reports
P.2 Paris Convention (1967)
P.3 Principles and concepts of general public international law
P.4 Private counsel participation in dispute settlement proceedings
P.5 Publication and administration of trade regulations
R.1 Regional trade agreements
R.2 Request for the establishment of a panel
R.3 Retroactive application of trade measures
R.4 Review of implementation of DSB rulings
R.5 Right to bring claims - legal interest
S.1 Safeguards Agreement
S.2 SCM Agreement
S.3 Scope of appellate review
S.4 Seek information and technical advice
S.5 Special or additional rules and procedures for dispute settlement
S.6 SPS Agreement
S.7 Standard of review
S.8 Status of Panel and Appellate Body Reports
S.9 Suspension of concessions or other obligations
T.1 Tariff concessions
T.2 Tariff quotas - non-discriminatory administration
T.3 Taxation
T.4 TBT Agreement
T.5 Temporal application of rights and obligations
T.6 Terms of reference of panels
T.7 Textiles and Clothing Agreement
T.8 Third party rights
T.9 TRIPS Agreement
W.1 Waivers
W.2 Working procedures for Appellate Review
W.3 Working procedures for panels
W.4 WTO Agreement
Part II. Arbitrations Conducted under Article 21.3(c) of the DSU: ARB.1 Mandate of Arbitrator under Article 21.3(c)
ARB.2 Prompt compliance
ARB.3 Withdrawal or modification of the measure
ARB.4 'Reasonable Period of Time'
ARB.5 'Particular Circumstances'
ARB.6 Burden of proof
Annex A - Terms of office of current and former Appellate Body members
Annex B - Biographies of current Appellate Body members
Annex C - Information on Appellate Body Reports (Short title, document symbol, adoption date, minutes of DSB meeting where adopted, and DSR referenc