SICE Dispute Settlement WTO Report WT/DS18/AB/R /1

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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

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


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