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《DISPUTE SETTLEMENT REPORTS 2001 VOLUME 3》_WORLD TRADE ORGANIZATION_40678143_052

【书名】:《DISPUTE SETTLEMENT REPORTS 2001 VOLUME 3》
【作者】:WORLD TRADE ORGANIZATION
【出版社】:CAMBRIDGE
【时间】:2003
【页数】:1292
【ISBN】:0521829801
【SS码】:40678143

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内容简介

Ⅰ.INTRODUCTION

Ⅱ.FACTUAL ASPECTS

Ⅲ.PROCEDURES ADOPTED BY THE PANEL CONCERNING PRIVATE CONFIDENTIAL INFORMATION

Ⅳ.PARTIES′ REQUESTS FOR FINDINGS AND RECOMMENDATIONS

A. European Community

B. United States

Ⅴ.ARGUMENTS OF THE PARTIES

Ⅵ.ARGUMENTS OF THE THIRD PARTIES

Ⅶ.INTERIM REVIEW

A. Comments by the European Community

B. Comments by the United States

Ⅷ.FINDINGS

A. Standard of Review

1. Arguments of the Parties

(a)European Community

(b)United States

2. Evaluation by the Panel

B. Panel Request for Certain Confidential Information Redacted from the Published USITC Report

C. Evaluation of Claims

1. Claims under Articles 2.1 and 4 SA and Article ⅩⅨ of the GATT 1994

(a)Redaction of Certain Confidential Information from the Published USITC Report

(ⅰ) Arguments of the Parties

European Community

United States

(ⅱ) Evaluation by the Panel

(b) “increased quantities” of Imports

(ⅰ) Arguments of the Parties

European Community

United States

(ⅱ) Evaluation by the Panel

(c) Serious Injury

(ⅰ) Arguments of the Parties

European Community

United States

(ⅱ) Evaluation by the Panel

Did the USITC Evaluate all Relevant Factors?

Factors Listed in Article 4.2(a)

Factors not Listed in Article 4.2(a)

Arguments by the Parties

Evaluation by the Panel

Is the USITC Overall Serious Injury Determination Consistent with Article 4.2(a)?

Arguments of the Parties

Evaluation by the Panel

(d) Causation

(ⅰ) Whether Upward Trend in Imports Coincides with Negative Trends in Injury Factors

Arguments of the Parties

European Community

United States

Evaluation by the Panel

(ⅱ)“under such conditions” - Conditions of Competition

Arguments by the Parties

European Community

United States

Evaluation by the Panel

(ⅲ) Other Factors and Attribution

Did the USITC Investigate Other Relevant Factors in the Context of Causation?

Arguments of the Parties

Evaluation by the Panel

Did the USITC′s Examination Ensure the non-Attribution to Imports of Injury Caused by Other Factors?

Arguments of the Parties

Evaluation by the Panel

(ⅳ) Summary with Respect to Causation

(e) Exclusion of Certain Imports from the Application of the Measure on the Basis of Origin

(ⅰ) Arguments of the Parties

European Community

United States

(ⅱ) Evaluation by the Panel

2. Claims under Articles 8 and 12 SA

(a) Type and Timing of Notifications

(ⅰ) Arguments of the Parties

European Community

United States

(ⅱ) Evaluation by the Panel

Compliance with Article 12.1 SA: the Requirement of Immediacy

Requirement to Make Notification under Article 12.1 (c) SA before Implementation of the Measure

Summary

(b)Adequacy of Consultations

(ⅰ)Arguments of the Parties

European Community

United States

(ⅱ)Evaluation by the Panel

3.Claims under Article ⅩⅨ of the GATT 1994

(“unforeseen developments”); Article 5 SA and Article Ⅰ of the GATT 1994

4.Claim under Article 4.2 of the Agreement on Agriculture

Ⅸ.CONCLUSIONS AND RECOMMENDATION

ATTACHMENTS 1: EUROPEAN COMMUNITY SUBMISSIONS

1-1FIRST WRITTEN SUBMISSION OF THE EUROPEAN COMMUNITY

1-2ORAL STATEMENT OF THE EUROPEAN COMMUNITY

1-3EUROPEAN COMMUNITY REPLIES TO QUESTIONS FROM THE PANEL

1-4SECOND WRITTEN SUBMISSION OF THE EUROPEAN COMMUNITY

1-5COMMUNICATION OF THE EUROPEAN COMMUNITY CONCERNING PROPOSED PROCEDURES REGARDING PRIVATE CONFIDENTIAL INFORMATION

1-6EUROPEAN COMMUNITY ORAL STATEMENT, SECOND MEETING

1-7EUROPEAN COMMUNITY COMMENTS (ON US EXHIBIT 13)

1-8RESPONSES OF THE EUROPEAN COMMUNITY TO THE ADDITIONAL QUESTIONS FROM THE PANEL

1-9LETTER FROM THE EUROPEAN COMMUNITY CONCERNING THE UNITED STATES RESPONSE TO THE PANEL′S REQUEST FOR INFORMATION

1-10 COMMENTS OF THE EUROPEAN COMMUNITY ON THE UNITED STATES RESPONSE TO THE PANEL′S REQUEST FOR INFORMATION

1-11 FINAL COMMENTS OF THE EUROPEAN COMMUNITY ON THE UNITED STATES′ LETTER TO THE PANEL OF 22 FEBRUARY 2000

1-12 COMMUNICATION OF THE EUROPEAN COMMUNITY CONCERNING NEWLY PROPOSED PROCEDURES GOVERNING PRIVATE CONFIDENTIAL INFORMATION

1-13 COMMUNICATION OF THE EUROPEAN COMMUNITY ON THE UNITED STATES COMMUNICATION CONCERNING NEWLY PROPOSED PROCEDURES GOVERNING PRIVATE CONFIDENTIAL INFORMATION

1-14 ORAL STATEMENT OF THE EUROPEAN COMMUNITY AT THE ADDITIONAL MEETING OF THE PANEL WITH THE PARTIES

1-15 ANSWER OF THE EUROPEAN COMMUNITY TO THE ADDITIONAL QUESTION FROM THE PANEL

ATTACHMENTS 2: UNITED STATES SUBMISSIONS

2-1 FIRST WRITTEN SUBMISSION OF THE UNITED STATES

2-2 UNITED STATES ORAL STATEMENT

2-3 UNITED STATES CLOSING ORAL STATEMENT

2-4 UNITED STATES REPLIES TO QUESTIONS

2-5 SECOND WRITTEN SUBMISSION OF THE UNITED STATES

2-6 COMMUNICATION OF THE UNITED STATES CONCERNING PROPOSED PROCEDURES GOVERNING PRIVATE CONFIDENTIAL INFORMATION

2-7 UNITED STATES ORAL STATEMENT, SECOND MEETING

2-8 UNITED STATES RESPONSES TO QUESTIONS FROM THE PANEL AT THE SECOND MEETING OF THE PANEL

2-9 LETTER OF THE UNITED STATES RESPONDING TO THE PANEL′S REQUEST FOR INFORMATION

2-10 COMMENTS OF THE UNITED STATES ON THE PANEL′S PROCEDURES GOVERNING PRIVATE CONFIDENTIAL INFORMATION

2-11 RESPONSE OF THE UNITED STATES TO THE EUROPEAN COMMUNITY LETTER OF 11 FEBRUARY 2000

2-12 COMMUNICATION OF THE UNITED STATES CONCERNING NEWLY PROPOSED PROCEDURES GOVERNING PRIVATE CONFIDENTIAL INFORMATION

2-13 FINAL COMMENTS OF THE UNITED STATES CONCERNING NEWLY PROPOSED PROCEDURES GOVERNING PRIVATE CONFIDENTIAL INFORMATION

2-14 ORAL STATEMENT OF THE UNITED STATES AT THE ADDITIONAL MEETING OF THE PANEL WITH THE PARTIES

2-15 RESPONSES OF THE UNITED STATES TO THE ADDITIONAL QUESTIONS FROM THE PANEL

ATTACHMENTS 3: THIRD PARTY SUBMISSIONS

3-1-1 SUBMISSION OF AUSTRALIA

3-1-2 ORAL STATEMENT OF AUSTRALIA

3-2-1 SUBMISSION OF CANADA

3-2-2 ORAL STATEMENT OF CANADA

3-2-3 REPLIES OF CANADA TO QUESTIONS FROM THE PANEL AND THE EUROPEAN COMMUNITY

3-3-1 SUBMISSION OF NEW ZEALAND

3-3-2 ORAL STATEMENT OF NEW ZEALAND

ATTACHMENT 4: PROCEDURES GOVERNING PRIVATE CONFIDENTIAL INFORMATION


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