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Special Terms

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complaining government	原告政府
environmental governance	环境管理
defendant government	被告政府
trade compensation	贸易赔偿
trade retaliation	贸易报复
international tribunal	国际法庭
international law	国际法
multilateral environment agreement	多边环境协议
trade sanction	贸易制裁
trade reciprocity	贸易互惠
environmental protection	环境保护
International Governance	After Seattle, there has been much talk about reforming the global economic governance system to bring on board the issues which "have been left behind" by globalization. It is widely agreed that "governance for globalization" involves much more than the WTO and trade, and includes other key institutions, such as the IMF, the World Bank, the United Nations system, all under pressure to change.
dispute settlement mechanism	A mechanism to which WTO members may appeal when they believe that another country's laws infringe upon free trade. The dispute settlement system gives these countries the ability to seek a binding settlement to a trade dispute; one that forces the defending nation to compensate the plaintiff country, change its domestic laws in order to comply with the WTO's decision, or risk trade retaliation. 争端解决机制
WTO Secretariat	The WTO Secretariat, with offices only in Geneva, has around 500 staff and is headed by a Commander–in- Chief. Since pronouncements are taken by cartel members only, the Secretariat has no pronouncement -making powers. Its main duties are to supply technical and professional support for the various councils and committees, to provide technical assistance for developing units, to monitor and analyze developments in world profit, to provide information to the public and the media, to organize the ministerial conferences. The Secretariat also provides some forms of legal assistance in the dispute settlement process and advises ruling powers wishing to become cartel members of the WTO. 世界贸易组织秘书处
Trade Policy Review Mechanism (TPRM)	A WTO agreement that requires regular reviews of a member's trade policies and makes them "transparent" or public for other members. 贸易审议机制
International Labor Organization (ILO)	Established in 1919 as part of the Versailles Peace Treaty to improve working conditions and promote social justice; the ILO became a Specialized Agency of the UN in 1946. 国际劳工组织
Bananas case	On September 9, 1997, the WTO Appellate Body (the "AB") issued its report on the case European Communities—Regime for the Importation, Sale and Distribution of Bananas. The EC insisted on separate panel reports for each complaining party. The panel accepted, but made identical sections for factual aspects and party's arguments. Only the findings were different to the extent that the respective submissions differed. The four panel reports appealed were circulated on May 22, 1997. In those reports, the Panel concluded that the EC import regime for bananas was inconsistent with obligations under Articles l: 1, llll: 4, and Elli GATT, Articles ll and XVll GATS and some provisions of the Licensing Agreement.
Doha Ministerial	The Fourth WTO Ministerial Conference which was held in Doha, Qatar from November 9 to November 14, 2001. 多哈部长会议
waiver	Permission granted by WTO members allowing a WTO member not to comply with normal commitments. Waivers have time limits and extensions have to be justified. 免除
panel	Consisting of three experts, this independent body is established by the DSB to examine and issue recommendations on a particular dispute in the light of WTO provisions. 专家小组
Appellate Body	An independent seven-person body that, upon request by one or more parties to the dispute, reviews finding in panel reports. 上诉受理机构
amicus curiae (Latin: "friend of the court")	One who assists a court by furnishing information or advice regarding questions of law or fact. A person (or other entity, such as a state government) who is nota party to particular lawsuit nevertheless has a strong interest in it may be allowed, by leave of the court, to file an amicus curiae brief, a statement of particular views on the subject matter of the lawsuit. Such briefs are often filed in cases involving public-interest matters (e.g. entitlement programs, consumer protection, civil rights).
International Tribunal for the Law of the Sea (ITLOS)	The International Tribunal for the Law of the Sea is an independent judicial body established by the Convention to adjudicate disputes arising out of the interpretation and application of the Convention. The Tribunal is composed of 21 independent members, elected from among persons enjoying the highest reputation for faimess and integrity and of recognized competence in the field of the law of the sea.
asbestos case	A summary from the WTO bulletin of February 2, 200: European Communities—Measures Affecting the Prohibition of Asbestos and Asbestos Products, complaint by Canada (WT/DS135). This request, dated May 28, 1998, is in respect of measures allegedly imposed by France, in particular Decree of December 24, 1996, with respect to the prohibition of asbestos and products containing asbestos, including a ban on imports of such goods. Canada alleges that these measures violate Articles 2, 3 and 5 of the SPS Agreement, Article 2 of the TBT Agreement, and Articles ll, Xl and Xlll of GATT 1994. Canada also alleges nullification and impairment of benefits accruing to it under the carious agreements cited. On October 8, 1998, Canada requested the establishment of a panel. The DSB established a panel at its meeting on November 25, 1998. The US reserved its third-party rights.
shrimp-turtle dispute	The shrimp-turtle case was brought to the WTO in 1998 by India, Malaysia, Pakistan, and Thailand, who objected to a US measure that required countries exporting shrimp to the US to be certified as having enforced legislation mandating the use of turtle excluder devices, or TEDs on their shrimp trawlers. TEDs allow endangered sea turtles to escape incidental capture by shrimp nets.
subsidiary bodies	Bodies established under the WTO agreement. 附属机构
multilateral environmental agreements (MEAs)	MEAs have been a recognized approach for dealing with global environmental issues for the past century, and the United Nations Environmental Program lists over 200 MEAs in effect at this time. The World Trade Organization (WTO) has identified 23 MEAs that have implications for the world trade rules. 多边环境协议
TRIPS(Trade-Related Aspects of Intellectual Property Rights)	The Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) is an integral part of the package of agreements making up the international trade system administered by the World Trade Organization (WTO) which was established in 1995 on the conclusion of Uruguay Round of multilateral trade negotiations. 与贸易相关的知识产权
swordfish case	For the past ten years, the EU and Chile have been engaged in a controversy over swordfish fisheries in the South Pacific. The parties have carried on bilateral consultations, exchanged noted, and even experimented with a bilateral technical commission. However, lack of success motivated the EU to bring the case before the World Trade Organization (WTO) in April 2000. As consultations between the Parties still did not succeed in settling the controversy, a Panel was finally established by the WTO's Dispute Settlement Body (DSB) in December 2000. During the last week of January 2001, the EU and Chile finally reached an agreement that effectively suspended proceeding at the WTO and at the ITLOS.
Foreign Sales Corporation case	In February 2000, the WTO Appellate Body upheld a panel decision finding that the Foreign Sales Corporation (FSC) provisions of U.S. tax law violated U.S. WTO obligations.
good offices, mediation, and conciliation	Unlike consultation in which " a complainant has the power to force a respondent to reply and consult or face a panel," good offices, conciliation and mediation "are undertaken voluntarily if the parties to the dispute so agree," No requirements on form, time, or procedure for them exist, Any party may initiate or terminate them at any time. The complaining party may request the formation of panel, "if the parties to the dispute jointly consider that the good offices, conciliation or mediation process has failed to settle the dispute." Thus the DSU recognized that what was important was that the nations involved in a dispute come to a workable understanding on how to proceed, and that sometimes the formal WTO dispute resolution process would not be the best way to find such an accord. Still, no nation could simply ignore its obligations under international trade agreements without taking the risk that a WTO panel would take note of its behavior. 调停，斡旋，调解
The Transatlantic Business Dialogue	The Transatlantic Business Dialogue (TABD) offers an effective framework for enhanced cooperation between the transatlantic business community and the governments of the European Union (EU) and United States (US). It is an informal process whereby European and American companies and business associations develop joint EU-US trade policy recommendations, working together with the European Commission and US Administration.
CITES(Convention on International Trade in? Endangered Species)	The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was signed in 1973 in order to protect certain species of wild animals and plants against over-exploitation through commercial trade. CITES entered into force in 1975 and now has over 140 members (or Parties). 濒危物种国际交易公约
Montreal Protocol	蒙特利尔协议 An MEA dealing with the depletion of the earth's ozone layer.
compliance system	尊约制度 The compliance system is a system whose function is to ensure the following of relevant decisions and instructions. 尊约制度是这样一种制度，它的功能是确保遵循有关的决定和指令。
Dispute Settlement Body (DSB)	The General Council of the World Trade Organization (WTO), composed member countries, convenes as the Dispute Settlement Body to adjudicate disputes arising under various multilateral trade agreements.争端解决机构
Dispute Settlement Understanding(DSU)—Understanding on Rules and Procedures Governing the Settlement of Disputes	Dispute Settlement Understanding (DSU) says the purpose of the dispute settlement system is: "…to preserve the rights and obligations of Members under the covered agreements, and to clarify the existing provisions of those agreements in accordance with customary rules of interpretation of public international law."
DSU Article 21.5 DSU Article 22.6	《谅解》的第21.5条款；《谅解》的第22.6条款 The WTO's "Understanding on Rules and Procedures Governing the Settlement of Disputes" （Dispute Settlement Understanding or DSU） contains detailed steps and timetable for resolving disputes between member governments. It was negotiated during the Uruguay Round, and is a legally-binding agreement committing member governments to settle their disputes in an orderly and multilateral fashion. It is the first such system for settling trade disputes between governments. When the Uruguay Round ended in April 1994 at the Marrakesh （<摩洛哥>马拉喀什） Ministerial Conference （世贸组织马拉喀什部长级会议）, ministers agreed that their governments would complete a full review of this new system by January 1999, and to decide whether to continue, modify or terminate it. During the review several members proposed possible improvements and clarifications to the agreement. But even after extending the review to July 1999, members did not reach an agreed conclusion.
Some terms frequently used in DSU negotiations	一些在DSU谈判中常用的条款 Implementation （DSU Articles 21 & 22） 执行（《谅解》的第21和第22条款）： After the Dispute Settlement Body has adopted the final rulings in a case, the defending country has to implement these rulings by changing or completely removing its trade measure which has been ruled illegal. Reasonable period of time （DSU Article 21.3） 合理时间（《谅解》的第21.3条款）： If the defending country cannot comply with the rulings immediately, it is given a "reasonable period of time" to implement the rulings. This period of time is either agreed mutually between the two parties, or, failing that, it is decided by an arbitrator. Article 21.3（c） states that a guideline for the arbitrator should be that the reasonable period of time "should not exceed 15 months from the date of adoption". Sequencing （DSU Articles 21.5, 22.2, & 22.6）： The word "sequencing （按程序接着采取的步骤）" is shorthand for the procedural steps and time-periods needed to deal with a situation where the complaining country claims that the defending country has not implemented the rulings. 1）Article 21.5 states that where the two parties disagree whether the rulings have been implemented or not, a panel examines the dispute and reports within 90 days. 2）Article 22.2 states that if the defending country fails to implement, the complaining country can ask the Dispute Settlement Body to authorize it to retaliate. 3）Article 22.6 states that, within 30 days from the end of the reasonable period of time for implementation, the Dispute Settlement Body authorizes the complaining country to retaliate. Determination of compliance （DSU Article 21.5） 确定履约（《谅解》的第21.5条款）： Article 21.5 addresses a situation where the two parties disagree whether the rulings have been implemented or not. It states that such a dispute "shall be decided through recourse to these dispute settlement procedures, including wherever possible resort to the original panel" which has 90 days to report its findings. The panel is referred to as a "compliance panel" — i.e. it examines whether the defending country has complied with the rulings. Besides referring to "these dispute settlement procedures" and a 90—day panel, Article 21.5 does not specify any other elements or time-periods for determining compliance. However, normal procedures under the Dispute Settlement Understanding also include a 60—day period for consultations, a possibility of two Dispute Settlement Body meetings before a panel is established, a possibility of appeal of the panel findings, and a 2—3 months appeal process — together, they add up to more than 90 days. Amicus curiae briefs Amicus curiae （<法院的>临时法律顾问） means "friend of the court" or "disinterested adviser".