Legal Affairs Division World Trade Organization - WTO Analytical Index 2 Volume Set: Guide to WTO Law and Practice

The WTO Analytical Index is a comprehensive guide to the interpretation and application of the WTO Agreements by the Appellate Body, dispute settlement panels and other WTO bodies. It contains extracts of key pronouncements and findings from tens of thousands of pages of WTO jurisprudence, including panel reports, Appellate Body reports, Article 21.3(c) awards and Article 22.6 decisions. This unique work will be of assistance to anyone working in the field of WTO law, including lawyers, economists, academics and students. It is produced by the Legal Affairs Division of the WTO Secretariat with contributions from other divisions of the Secretariat and the Appellate Body Secretariat.

The third edition of the WTO Analytical Index covers developments in WTO law and practice over the period January 1995 through September 2011.

This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press.

Cambridge University Press has no responsibility for the persistence or accuracy of URLs for external or third-party internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate.

This publication does not constitute an official or authoritative interpretation of the covered agreements, of the cited dispute settlement reports, awards and decisions, or of the legal significance of any of the other decisions, recommendations and other documents cited in this publication.

The Analytical Index is an edited compendium of key materials from the entire work of the WTO as an organization, arranged by topic and set into context by introductory summaries or remarks. Its coverage includes panel and Appellate Body reports, arbitral decisions and awards, and decisions and other significant activities of WTO Committees, Councils, and other WTO bodies. The Analytical Index is distinctive because it is the only legal research tool that provides an integrated view of all of the WTOs work, including the work of the Members in these bodies.

This edition of the WTO Analytical Index has been updated to reflect developments in WTO law and practice up to 30 September 2011. The previous edition of the Analytical Index was updated to cover panel and Appellate Body reports adopted up to the end of 2004. More than 120 new dispute settlement reports, awards and decisions totalling well over 30,000 pages have been circulated since the previous edition. WTO Committees have also been very active during this period, generating numerous decisions on a range of issues.

Many of the chapters in the third edition have been substantially updated and revised to reflect the considerable amount of new jurisprudence and other material developed since the end of 2004, including but not limited to the chapters on the , and the Agreement on Government Procurement. The chapter on the DSU (which also covers the Working Procedures for Appellate Review and the Rules of Conduct) has nearly doubled in length from the previous editions, and includes many new tables as well as a new section covering principles and concepts of general international law invoked in WTO dispute settlement.

The third edition of the Analytical Index was prepared by the Legal Affairs Division of the WTO Secretariat, with contributions from other Divisions of the Secretariat as well as the Appellate Body Secretariat. It reflects the hard work and expertise of a number of individuals. I thank all those colleagues (current and former) who made contributions to this project over the past six years. In addition, I acknowledge the valuable work of Amy Porges, who was contracted to assist with the preparation of the third edition and whose deep expertise contributed to the high quality of this book. Finally, I would be remiss if I did not acknowledge the efforts of Graham Cook, who directed and steered this project through and without whom this edition would not have been realized this year.

The WTO Analytical Index provides a guide to the interpretation and application of all of the WTO Agreements.

This third edition covers developments in WTO law and practice from 1 January 1995 to 30 September 2011. It includes extracts and/or summaries of key pronouncements and findings from all panel reports, Appellate Body reports, Article 21.3(c) awards and Article 22.6 decisions circulated prior to 30 September 2011. In addition to jurisprudence, it includes the texts of the WTO Agreements; related Ministerial Decisions, Declarations and Understandings; relevant decisions and activities of WTO Committees, Councils and other WTO bodies.

Although the WTO Analytical Index does not incorporate the material contained in the GATT Analytical Index , appropriate cross-references are made to this earlier work. This volume does not set out the drafting history of the WTO Agreements. Material on the negotiating history of the GATT, the work of the GATT 1947 and the transition from the GATT to the WTO can be found in the GATT Analytical Index , particularly in the Chapter on Institutions and Procedure.

The material is organized into 21 chapters, with a separate chapter for each of the WTO Agreements. The Agreements are addressed in the same order in which they are listed in Annexes 1 to 4 of the Marrakesh Agreement Establishing the World Trade Organization . Understandings, Ministerial Decisions and Declarations are incorporated into the chapter on the Agreement concerned.

Within each chapter, the information is presented on an article-by-article basis. The discussion of each article is generally sub-divided into two parts: A. Text of Article [...] sets out the text of the particular article; and B. Interpretation and Application of Article [...] provides extracts and/or summaries, organized in chronological order, of relevant jurisprudence and other material. Under , extracts are organized systematically under issue-specific subheadings, often beginning with the heading General followed by other relevant subheadings. The subheadings are often based on specific words from the particular portion of the text being interpreted.