WTO Appellate Body Repertory of Reports and Awards: 1995–2005(WTO Appellate Body Repertory of Report and Awards)

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.

Table of 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; G.4 General exceptions: Article XIV of GATS; 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-developing 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 or 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; 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. 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 reference); Annex D - Arbitrations conducted under Article 21.3(c) of the DSU: 1997-2003; Annex E - Table of treaty provisions addressed; 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).