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World Trade
Organization

WT/DS18/AB/R
20 October 1998
(98-0000)
Original: English

Australia - Measures Affecting Importation of Salmon

Report of the Appellate Body


I. Introduction

II. Arguments of the Participants and Third Participants

A. Australia - Appellant 1. Terms of Reference
2. Burden of Proof
3. Objective Assessment of the Matter
4. Other Procedural Matters
5. Article 5.1 of the SPS Agreement
6. Article 5.5 of the SPS Agreement
7. Article 5.6 of the SPS Agreement
B. Canada - Appellee 1. Terms of Reference
2. Burden of Proof
3.Objective Assessment of the Matter
4.Other Procedural Matters
5.Article 5.1 of the SPS Agreement
6.Article 5.5 of the SPS Agreement
7.Article 5.6 of the SPS Agreement
C. Canada - Appellant 1. Product Coverage
2. Article 2.3 of the SPS Agreement
D. Australia - Appellee 1. Product Coverage
2. Article 2.3 of the SPS Agreement
E. Arguments by the Third Participants 1. European Communities
2. India
3. Norway
4. United States
III. Issues Raised in this Appeal

IV. Terms of Reference

A. The Measure and Product at Issue
B. Article 6 of the SPS Agreement
V. The SPS Agreement A. Preliminary Observation
B. Article 5.1 of the SPS Agreement
C. Article 5.5 of the SPS Agreement 1. First element of Article 5.5
2. Second element of Article 5.5
3. Third element of Article 5.5
D. Article 5.6 of the SPS Agreement
E. Articles 5.5 and 5.6 of the SPS Agreement with Respect to Other Canadian Salmon 1. The Principle of Judicial Economy
2. Article 5.5
3. Article 5.6
F. Article 2.3 of the SPS Agreement
VI. Procedural Issues A. Burden of Proof
B. Objective Assessment of the Matter
C. Admission and Consideration of Certain Evidence
D. Right of Response
VII. Findings and Conclusions


World Trade Organization
Appellate Body

Australia - Measures Affecting
Importation of Salmon

Australia, Appellant/Appellee
Canada, Appellant/Appellee

European Communities, India,
Norway and the United States,
Third Participants

AB-1998-5

Present:

Ehlermann, Presiding Member
Beeby, Member
El-Naggar, Member


To continue with Introduction