Abstract
In this chapter, the author recounts his experience of dealing with some of India’s early disputes at the WTO and the importance of these disputes in WTO jurisprudence. This chapter focuses on five landmark WTO disputes in which India was a party, namely, EC—Bed Linen, India—Autos, US—Offset Act (Byrd Amendment), EC—Tariff Preferences and Turkey—Textiles. These disputes pertained to issues concerning trading in sectors that are crucial to India’s economy such as antidumping measures on India’s export of textiles and clothing, foreign investment in automobiles and removal of quantitative restrictions on nearly one-fourth of India’s tariff lines. The decisions contributed in the shaping of new jurisprudential concepts such as prohibition of ‘zeroing’ in dumping calculations, application of non-discrimination in the Enabling Clause, application of res judicata and judicial economy, etc., in WTO dispute settlement proceeding. The author also notes that that winning a WTO dispute case is only a part of the process, but the ultimate success depends on both law and diplomacy. This chapter also provides practical guidance for WTO members in regard to identification and preparation of claims at the time of panel request and other related matters.
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Notes
- 1.
Appellate Body Report on European Communities—Anti-Dumping Duties on Imports of Cotton Type Bed Linen From India, WT/DS141/AB/R (Hereinafter EC—Bed Linen).
- 2.
Panel Report on European Communities—Anti-Dumping Duties on Imports of Cotton-type Bed Linen from India, WT/DS141/R paragraph 6.119; Appellate Body Report on European Communities—Anti-Dumping Duties on Imports of Cotton-type Bed Linen from India, WT/DS141/AB/R paragraph 86.
- 3.
Panel Report on EC—Bed Linen, at paragraph 6.117.
- 4.
Appellate Body Report on EC—Bed Linen, at paragraphs 67, 70, 74−77.
- 5.
Ibid, at paragraph 74.
- 6.
Ibid, at paragraph 79−84.
- 7.
Ibid, at paragraph 80.
- 8.
Panel report on EC—Bed Linen, at paragraphs 6.152, 6.156.
- 9.
Appellate Body Report on EC—Bed Linen—Recourse to Article 21.5 of the DSU by India, WT/DS141/AB/RW, at paragraphs 130–133.
- 10.
Ibid, at paragraph 132.
- 11.
Panel Report on India—Measures Affecting the Automotive Sector, WT/DS175/R; WT/DS146/R (Hereinafter India—Autos).
- 12.
Ibid, at paragraph 4.45.
- 13.
Ibid, at paragraph 7.80–7.104.
- 14.
Panel Report on United States—Continued Dumping and Subsidy Offset Act of 2000, WT/DS217/R; WT/DS234/R, at paragraph 7.66 (Hereinafter US—Byrd Amendment).
- 15.
Ibid, at paragraph 7.93.
- 16.
Appellate Body Report on United States—Continued Dumping and Subsidy Offset Act of 2000, WT/DS217/AB/R; WT/DS234/ABR, at paragraph 283.
- 17.
Panel Report on European Communities—Conditions for the Granting of Tariff Preferences to Developing Countries, WT/DS46/R, at paragraphs 7.140, 7.174, 7.176 (Hereinafter EC—Tariff Preferences).
- 18.
Ibid, at paragraphs 7.210, 7.223, 7.236.
- 19.
Appellate Body Report on European Communities—Conditions for the Granting of Tariff Preferences to Developing Countries, WT/DS246/AB/R, at paragraph 190(f).
- 20.
Ibid, at paragraphs 165, 169, 172–173.
- 21.
Ibid, at paragraphs 179–188.
- 22.
Panel Report on Turkey—Restrictions on Imports of Textiles and Clothing Products, WT/DS34/R; Appellate Body Report on Turkey—Restrictions on Imports of Textiles and Clothing Products, WT/DS34/AB/R.
References
Appellate Body Report on European Communities—Anti-dumping duties on Imports of Cotton-type Bed Linen from India, WT/DS141/AB/R.
Appellate Body Report on European Communitie—Conditions for the Granting of Tariff Preferences to Developing Countries, WT/DS246/AB/R.
Appellate Body Report on Turkey—Restrictions on Imports of Textiles and Clothing Products, WT/DS34/AB/R.
Appellate Body Report on United States—Continued dumping and Subsidy Offset Act of 2000, WT/DS217/AB/R, WT/DS234/AB/R.
Bentley P, Siberston A (2007) Zeroing and full degree of dumping. In anti-dumping and countervailing action: Limits Imposed by Economic and Legal Theory. Edward Elgar Publishing.
Busch ML, Pelc KJ (2010) The Politics of Judicial Economy at the World Trade Organization, Intl. Org. 64(2). doi: http://dx.doi.org/10.1017/S002081831000002.
Dhar B, Majumdar A (2006) The India-EC GSP Dispute: The Issues and the Process. ICTSD Asia Dialogue on WTO Dispute Settlement and Sustainable Development.
Panel Report on European Communities—Anti-dumping duties on Imports of Cotton-type Bed Linen from India, WT/DS141/R.
Panel Report on European Communities—Conditions for the Granting of Tariff Preferences to Developing Countries, WT/DS46/R.
Panel Report on India—Measures Affecting the Automotive Sector, WT/DS175/R, WT/DS146/R.
Panel Report on Turkey—Restrictions on Imports of Textiles and Clothing Products, WT/DS34/R.
Panel Report on United States—Continued Dumping and Subsidy Offset Act of 2000, WT/DS217/R, WT/DS234/R.
Schmitz TG, Seale JL (2005) Countervailing duties, anti-dumping tariffs and the Byrd amendment: A welfare analysis. International Journal of Applied Economics 1(1): 65–80.
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© 2016 Centre for WTO Studies (CWS), Indian Institute of Foreign Trade (IIFT), New Delhi
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Seshadri, V.S. (2016). WTO and Its Dispute Settlement Mechanism. In: Das, A., Nedumpara, J. (eds) WTO Dispute Settlement at Twenty. Springer, Singapore. https://doi.org/10.1007/978-981-10-0599-2_3
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