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  Microsoft Word - subsidies_art2_jur.doc

The Appellate Body in US – Countervailing Measures (China) (Article 21.5 – China) stated that "the specificity inquiry under Article 2 … involves a consideration of whether there is a limitation on access to the relevant subsidy" and that, despite the appearance of non-specificity under Article 2.1(a) and (b), the investigating authority may consider whether the subsidy is de facto specific.5 1.3.1.1 Order of analysis 5. The Appellate Body has stated in various disputes that the "starting point" of a specificity analysis is the measure that has been determined to constitute a subsidy under Article 1.1.6 4 Appellate Body Report, US – Anti-Dumping and Countervailing Duties (China), paras. 366-371. 5 Appellate Body Report, US – Countervailing Measures (China) (Article 21.5 – China), para. 5.228. 6 Appellate Body Report, US – Countervailing Measures (China), para. 4.140; and Appellate Body Report, US – Large Civil Aircraft (2nd complaint), para. 747. (...) Whether a subsidy is specific can only be assessed on a case-by-case basis. 7 Appellate Body Report, US – Countervailing Measures (China), para. 4.130. 8 Appellate Body Report, US – Countervailing Measures (China), para. 4.123. 9 Appellate Body Report, US – Anti-Dumping and Countervailing Duties (China), para. 366; Appellate Body Report, US – Countervailing Measures (China), para. 4.164.

Score: 823714.4 - https://www.wto.org/english/re.../ai17_e/subsidies_art2_jur.pdf

  Review of the Sectoral Policies Department

The specific findings and lessons learned from the independent evaluation resulted in 11 recommendations, which were endorsed by the Governing Body in November 2012. (...) GB.328/POL/8 GB328-POL_8_[SECTO-160913-1 ]-En.docx 9 Appendix II Recommendations of the 2015 tripartite informal brainstorming meeting Recommendation Follow up Functioning of advisory bodies To enhance coherence, it was proposed that: (i) advisory bodies be established by the Governing Body and convened after the preview of the P&B, typically at the Governing Body sessions in November; (ii) a final sitting of the advisory bodies should be held to assess all proposals made during the preceding sector-specific sittings; (iii) a government representative should chair the advisory bodies. (...) Until then, the current practice of encouraging the advisory bodies to recommend a specific format of meeting (sectoral, meeting of experts or global dialogue forum), will be continued.

Score: 813103.5 - www.ilo.org/wcmsp5/grou...eetingdocument/wcms_531480.pdf

  Review of the Sectoral Policies Department

The specific findings and lessons learned from the independent evaluation resulted in 11 recommendations, which were endorsed by the Governing Body in November 2012. (...) GB.328/POL/8 GB328-POL_8_[SECTO-160913-1 ]-En.docx 9 Appendix II Recommendations of the 2015 tripartite informal brainstorming meeting Recommendation Follow up Functioning of advisory bodies To enhance coherence, it was proposed that: (i) advisory bodies be established by the Governing Body and convened after the preview of the P&B, typically at the Governing Body sessions in November; (ii) a final sitting of the advisory bodies should be held to assess all proposals made during the preceding sector-specific sittings; (iii) a government representative should chair the advisory bodies. (...) Until then, the current practice of encouraging the advisory bodies to recommend a specific format of meeting (sectoral, meeting of experts or global dialogue forum), will be continued.

Score: 813103.5 - https://www.ilo.org/wcmsp5/gro...eetingdocument/wcms_531480.pdf

  WTO | dispute settlement - the disputes - DS490

On 15 August 2018, the Appellate Body report was circulated to Members. This Appellate Body Report pertains to the disputes in DS490 and DS496. (...) Therefore, the Appellate Body upheld the Panel's finding that, because it exempts galvalume originating in certain WTO Members from the scope of application of the specific duty while not exempting imports from other sources, the measure at issue is inconsistent with Article I:1 of the GATT 1994. (...) At its meeting on 27 August 2018, the DSB adopted the Appellate Body report and the panel report, as modified by the Appellate Body report.  

Score: 809996.3 - https://www.wto.org/english/tr..._e/dispu_e/cases_e/ds490_e.htm

  WTO | dispute settlement - the disputes - DS496

On 15 August 2018, the Appellate Body report was circulated to Members. This Appellate Body Report pertains to the disputes in DS490 and DS496. (...) Therefore, the Appellate Body upheld the Panel's finding that, because it exempts galvalume originating in certain WTO Members from the scope of application of the specific duty while not exempting imports from other sources, the measure at issue is inconsistent with Article I:1 of the GATT 1994. (...) At its meeting on 27 August 2018, the DSB adopted the Appellate Body report and the panel report, as modified by the Appellate Body report.  

Score: 809996.3 - https://www.wto.org/english/tr..._e/dispu_e/cases_e/ds496_e.htm

  WTO | dispute settlement - the disputes - DS437

The Appellate Body further noted that China had not pointed to any evidence that was before the USDOC of the kind that would ordinarily be examined in determining de jure specificity under subparagraphs (a) and (b).   (...) The Appellate Body found, however, that the Panel did not apply Article 2.1(c), as properly interpreted, because it failed to provide any case-specific discussion or references to the particular USDOC determinations of specificity challenged by China on an “as applied” basis. (...) The Appellate Body also disagreed with the United States to the extent it had claimed that the Panel's finding under Article 2.1(c) was based on an isolated reading of the USDOC's specificity analysis.

Score: 806084.67 - https://www.wto.org/english/tr..._e/dispu_e/cases_e/ds437_e.htm

  CUBAN CONTRIBUTIONS

Any attempt to improve the functioning of treaty bodies presumes that each one respects the specific mandate it received from the international human rights instrument that created it. (...) Similarly, based on the functioning of the treaty bodies after the previous process, we highlight the following elements, which should be taken into account in the discussion: · There are various mandates, specificities and membership in each body; therefore, there is no absolute equality between bodies for any joint action. · The treaty bodies cannot be equated with the special procedures and the Universal Periodic Review. · The treaty body chairpersons and the inter-committee meetings do not have an intergovernmental mandate to take on functions beyond coordination. · Any decision relative to the functioning or the working methods of each treaty body must be approved by Member States, which have obligations under the treaty. (...) It cannot be realized under approaches that disregard the specificities and the concrete reality of each body.

Score: 803190.2 - https://www.ohchr.org/sites/de...tationProcess/States/Cuba.docx

  Microsoft Word - gats_art20_jur.doc

In the same Report, the Appellate Body also explained that the notation "None" is "the opposite of the notation 'Unbound', which means that a Member undertakes no specific commitment".6 6. (...) The specific commitments of individual acceding countries entered into force at the time of each accession. 30 Appellate Body Report, China – Publications and Audiovisual Products, paras. 396-397. (...) The Panel cited no evidence, however, directly supporting its further conclusion, in the quotation above, that the agreement of the parties encompassed an agreement to use the documents 'as interpretative tools in the interpretation and application of Members' scheduled commitments'."54 45 Appellate Body Report in US – Gambling, para. 194. 46 Guidelines for the Scheduling of Specific Commitments under the General Agreement on Trade in Services (S/L/92, 28 March 2001), adopted by the Council for Trade in Services 23 March 2001 (S/C/M/52, para. 11). 47 Appellate Body Report, US – Gambling, para. 193. 48 Appellate Body Report, US – Gambling, para. 197. 49 Appellate Body Report, US – Gambling, para. 197. 50 Services Sectoral Classification List, Note by the Secretariat, MTN.GNS/W/120, 10 July 1991. 51 Appellate Body Report, US – Gambling, paras. 188-189 52 Appellate Body Report, US – Gambling, para. 204. 53 Panel Report, US – Gambling, para. 6.82. 54 Appellate Body Report, US – Gambling, para. 177.

Score: 794776.07 - https://www.wto.org/english/re...ns_e/ai17_e/gats_art20_jur.pdf

  TABLE OF CONTENTS

Crucial information for treaty bodies, such as the legal framework of individual States parties was usually not made available to treaty bodies. (...) Treaty bodies have also adopted similar working methods. (...) State responsibility and non-State actors VIII. Country-specific case study on Iran Thematic case study on structural adjustment Fantu Cheru………………………………………………………… Treaty-body case study on the right to life Cecilia Medina……………………….……………………………..

Score: 794188.4 - https://www.un.org/womenwatch/daw/csw/gi-chapi-ii.pdf

  Microsoft Word - WTACCTJK13A1_LEG_10

The procedure for implementing an authority by licensing bodies shall be set forth by provisions on licensing peculiarities for specific types of activity. (...) The relevant decision shall be furnished in the form of an order by a licensing body. 3. A shorter time period for license issue or rejection may be determined by the provision on licensing peculiarities for specific types of activity. 4. (...) Oversight over the observance by a licensee of licensing requirements and conditions specified by the provision on licensing peculiarities for specific types of activity shall be implemented by a licensing body within its competence. 2.

Score: 793892.1 - https://www.wto.org/english/th.../tjk_e/WTACCTJK13A1_LEG_10.pdf