WTO Appellate Body Repertory of Reports and Awards: 1995–2010

The fourth edition of the Repertory of Reports and Awards (the 'Repertory') serves first and foremost as a source of information for those interested in the field of international trade law. 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 has become a practical tool for officials from WTO Member States, and in particular for Members (including developing-country Members) that may not have the resources to prepare a similar compendium in-house. The Repertory is also of assistance to academics, students, private practitioners and other followers of international trade law and dispute settlement.

Table of Contents:
Part I. Appellate Body Reports: A.0 Accession protocols; A.0.1 China's accession protocols; 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; G.4 General exceptions: Article XIV of GATS; H.1 Harmonized system; I.0 Implementation recommendations; 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.0 Least-developed countries; L.1 Legislation as such vs. specific application; L.2 Licensing agreement; L.3 Lomé 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; O.2 Order of analysis – use of assumptions; 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, Article 21.5 of the DSU; 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.7A State trading enterprises: Article XVII of the GATT 1994; 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. Arbitration Awards 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; Annexes: Annex A. Terms of office of current and former Appellate Body members; Annex B. Biographies of current and former Appellate Body members; Annex C. Information on Appellate Body reports (short title, document symbol, adoption date, minutes of DSB meeting where adopted, and DSR reference); Annex D. Arbitration awards under Article 21.3(c) of the DSU: 1997–2009; Annex E. Articles of covered agreements addressed in Appellate Body reports; Annex F. Working procedures for appellate review; Abbreviations used in the table of references to the covered agreements and other instruments and in the indexes; Table of references to the covered agreements and other instruments by article; Subject index; Subject index by case (Appellate Body reports); Subject index by case (Arbitration awards under Article 21.3(c) of the DSU).