Skip to main content
SpringerLink
Log in

WTO and Its Dispute Settlement Mechanism

  • Chapter
  • First Online:
WTO Dispute Settlement at Twenty

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.

All views are personal.

This is a preview of subscription content, log in via an institution to check access.

Access this chapter

Log in via an institution
Chapter
USD 29.95
Price excludes VAT (USA)
  • Available as PDF
  • Read on any device
  • Instant download
  • Own it forever
eBook
USD 84.99
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book
USD 109.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info
Hardcover Book
USD 109.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Purchases are for personal use only

Institutional subscriptions

Notes

  1. 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. 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. 3.

    Panel Report on EC—Bed Linen, at paragraph 6.117.

  4. 4.

    Appellate Body Report on EC—Bed Linen, at paragraphs 67, 70, 74−77.

  5. 5.

    Ibid, at paragraph 74.

  6. 6.

    Ibid, at paragraph 79−84.

  7. 7.

    Ibid, at paragraph 80.

  8. 8.

    Panel report on EC—Bed Linen, at paragraphs 6.152, 6.156.

  9. 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. 10.

    Ibid, at paragraph 132.

  11. 11.

    Panel Report on India—Measures Affecting the Automotive Sector, WT/DS175/R; WT/DS146/R (Hereinafter India—Autos).

  12. 12.

    Ibid, at paragraph 4.45.

  13. 13.

    Ibid, at paragraph 7.80–7.104.

  14. 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. 15.

    Ibid, at paragraph 7.93.

  16. 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. 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. 18.

    Ibid, at paragraphs 7.210, 7.223, 7.236.

  19. 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. 20.

    Ibid, at paragraphs 165, 169, 172–173.

  21. 21.

    Ibid, at paragraphs 179–188.

  22. 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.

    Google Scholar 

  • Appellate Body Report on European Communitie—Conditions for the Granting of Tariff Preferences to Developing Countries, WT/DS246/AB/R.

    Google Scholar 

  • Appellate Body Report on Turkey—Restrictions on Imports of Textiles and Clothing Products, WT/DS34/AB/R.

    Google Scholar 

  • Appellate Body Report on United States—Continued dumping and Subsidy Offset Act of 2000, WT/DS217/AB/R, WT/DS234/AB/R.

    Google Scholar 

  • 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.

    Google Scholar 

  • 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.

    Google Scholar 

  • Panel Report on European Communities—Anti-dumping duties on Imports of Cotton-type Bed Linen from India, WT/DS141/R.

    Google Scholar 

  • Panel Report on European Communities—Conditions for the Granting of Tariff Preferences to Developing Countries, WT/DS46/R.

    Google Scholar 

  • Panel Report on India—Measures Affecting the Automotive Sector, WT/DS175/R, WT/DS146/R.

    Google Scholar 

  • Panel Report on Turkey—Restrictions on Imports of Textiles and Clothing Products, WT/DS34/R.

    Google Scholar 

  • Panel Report on United States—Continued Dumping and Subsidy Offset Act of 2000, WT/DS217/R, WT/DS234/R.

    Google Scholar 

  • 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.

    Google Scholar 

Download references

Author information

Authors and Affiliations

  1. Research and Information System for Developing Countries (RIS), New Delhi, India

    V. S. Seshadri

Authors
  1. V. S. Seshadri
    View author publications

    You can also search for this author in PubMed Google Scholar

Corresponding author

Correspondence to V. S. Seshadri .

Editor information

Editors and Affiliations

  1. Centre for WTO Studies, Indian Institute of Foreign Trade, New Delhi, India

    Abhijit Das

  2. Jindal Global Law School, O.P Jindal Global University, Sonepat, Haryana, India

    James J. Nedumpara

Rights and permissions

Reprints and permissions

Copyright information

© 2016 Centre for WTO Studies (CWS), Indian Institute of Foreign Trade (IIFT), New Delhi

About this chapter

Cite this chapter

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

Download citation

  • DOI: https://doi.org/10.1007/978-981-10-0599-2_3

  • Published:

  • Publisher Name: Springer, Singapore

  • Print ISBN: 978-981-10-0598-5

  • Online ISBN: 978-981-10-0599-2

  • eBook Packages: Law and CriminologyLaw and Criminology (R0)

Publish with us

Policies and ethics

Search

Navigation