One Too Many: Significant Contributions of India to the WTO Dispute Settlement Jurisprudence

Das, Abhijit; Raghuram, Jayant

doi:10.1007/978-981-10-0599-2_5

Abhijit Das³ &
Jayant Raghuram³

543 Accesses
1 Citations

Abstract

The chapter discusses India-specific WTO disputes and their contribution to the WTO jurisprudence. The landmark disputes so discussed provide a key to understanding some of the important legal agreements and provisions in the WTO. Various such disputes are a central reference point to legal principles like burden of proof, legitimate expectations and non-violation complaints, res judicata, amicus curie briefs, etc. As the WTO celebrates its 20 years, the WTO Dispute Settlement Understanding has also reached the 500 disputes milestone. This chapter discusses the contribution of India’s disputes in the progressive development of WTO jurisprudence.

All views and opinions expressed in this article are that of the authors and do not necessarily represent that of the CWS or any other body.

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Notes

1.
Till date, no LDC Member has participated as a complainant in a WTO dispute, with the exception of Bangladesh, which brought a complaint against India. See India—Anti-Dumping Measure on Batteries from Bangladesh, WT/DS306. The dispute was short lived, as it only went upto the consultations stage where both parties agreed to settle the matter.
2.
WTO (1995) Poland—Import Regime for Automobiles:Request for Consultations, WT/DS19/1.
3.
Panel Report on United States—Measures Affecting Imports of Woven Wool Shirts and Blouses from India WT/DS33/R (Hereinafter US—Wool Shirts and Blouses).
4.
Ibid, at paragraph 7.10, first sentence.
5.
Ibid.
6.
Ibid, at paragraph 7.11, second sentence.
7.
Ibid.
8.
Ibid, at paragraph 7.12, fourth sentence.
9.
Ibid.
10.
Appellate Body Report, United States—Measures Affecting Imports of Woven Wool Shirts and Blouses from India, WT/DS33/AB/R.
11.
Ibid, at page 14.
12.
Panel Report, India—Quantitative Restrictions on Imports of Agricultural, Textile and Industrial Products, WT/DS90/R (Hereinafter India—Quantitative Restrictions), at paragraph 5.12.
13.
Panel Report on European Communities—Conditions for the Granting of Tariff Preferences to Developing Countries, WT/DS246/R (Hereinafter EC—Tariff Preferences).
14.
Ibid, at paragraph 7.19, first sentence.
15.
Ibid, at paragraph 7.21, third sentence.
16.
Ibid, at paragraph 7.20, second sentence.
17.
Ibid, at paragraph 7.38, first sentence.
18.
Ibid, at paragraph 7.40, first sentence.
19.
Ibid.
20.
Ibid.
21.
Ibid, at paragraph 7.41, third sentence.
22.
Appellate Body Report, European Communities—Conditions for the Granting of Tariff Preferences to Developing Countries, WT/DS246/AB/R (Hereinafter EC—Tariff Preferences).
23.
Ibid, at paragraph 110.
24.
Ibid, at paragraph 113.
25.
Ibid, at paragraph 114.
26.
Ibid, at paragraph 115.
27.
Paraguay was one of the numerous third parties to the dispute.
28.
Ibid, at paragraph 7.3, second sentence.
29.
Ibid, at paragraph 7.4, first sentence.
30.
Ibid, at paragraph 7.9, second sentence.
31.
Ibid, at paragraph 7.10, fourth sentence.
32.
Ibid, at paragraph 7.13, second sentence.
33.
Ibid, at paragraph 7.12, fifth sentence.
34.
The enhanced TPRs which were sought were: to attend all the panel meetings; present their views at such meetings; receive all submissions made; make submissions at its second meeting; to review the draft summary of arguments in the descriptive part of the panel report.
35.
Request for Enhanced Third-Party Rights, Annex A in Panel Report on EC—Tariff Preferences at paragraph 5.
36.
Ibid.
37.
Ibid, at paragraph 7.
38.
Ibid.
39.
Panel Report on United States—Import Prohibition of Certain Shrimp and Shrimp Products, WT/DS58/R (Hereinafter Panel Report on US—Shrimp).
40.
Ibid, at paragraph 7.7.
41.
Ibid, at paragraph 7.8.
42.
Ibid.
43.
Ibid.
44.
Ibid.
45.
Appellate Body Report on United States—Import Prohibition of Certain Shrimp and Shrimp Products, WT/DS58/AB/R (Hereinafter US—Shrimp).
46.
Ibid, at paragraph 81.
47.
Ibid.
48.
Ibid.
49.
Ibid.
50.
Ibid, at paragraph 83.
51.
Ibid, at paragraph 101.
52.
Ibid.
53.
Ibid.
54.
Ibid.
55.
Ibid.
56.
Ibid, at paragraph 106.
57.
Ibid, at paragraph 107.
58.
Ibid, at paragraph 108.
59.
Ibid, at paragraph 110.
60.
Panel Report on Turkey—Restrictions on Imports of Textile and Clothing Products, WT/DS34/R (Hereinafter Turkey—Textiles).
61.
Panel Report on Korea—Taxes on Alcoholic Beverages, WT/DS75/R (Hereinafter Korea—Alcoholic Beverages).
62.
Ibid, at paragraph 9.24, second sentence.
63.
Ibid, at paragraph 9.24, fourth sentence.
64.
Ibid, at paragraph 9.5, third paragraph, second sentence.
65.
Ibid, at paragraph 9.11, first sentence.
66.
Ibid, at paragraph 9.5, third paragraph, second sentence.
67.
Ibid, at paragraph 9.6, second sentence.
68.
Ibid.
69.
Ibid, at paragraph 9.26.
70.
Ibid, at paragraph 9.51.
71.
Panel Report on India- Quantitative Restrictions.
72.
Ibid, at paragraph 15.11.
73.
Ibid.
74.
Ibid.
75.
Ibid, at paragraph 5.12, fourth sentence.
76.
Ibid, at paragraph 5.86, first sentence.
77.
Ibid, at paragraph 5.92 first sentence.
78.
Ibid, at paragraph 5.87 seventh sentence.
79.
Ibid, at paragraph 5.93, fifth sentence.
80.
Ibid, at paragraph 5.96, third sentence.
81.
Ibid, at paragraph 5.56, second sentence.
82.
Ibid, at paragraph 5.58, third sentence.
83.
Ibid, at paragraph 5.59, first sentence.
84.
Ibid, at paragraph 5.113.
85.
Appellate Body Report on India—Quantitative Restrictions on Imports of Agricultural, Textile and Industrial Products, WT/DS90/AB/R (Hereinafter India—Quantitative Restrictions).
86.
Ibid, at paragraph 78.
87.
Ibid, at paragraph 79.
88.
Ibid, at paragraph 98.
89.
Ibid, at paragraph 105.
90.
Panel Report on India—Measures Affecting The Automotive Sector, WT/DS146/R and WT/DS175/R (Hereinafter India—Autos).
91.
Ibid, at paragraph 7.44, second sentence.
92.
Ibid, at paragraph 7.64, first sentence.
93.
Ibid, at paragraph 7.66, first sentence.
94.
Ibid, at paragraph 7.60, second sentence.
95.
Ibid, at paragraph 7.103, second sentence.
96.
Ibid, at paragraph 7.115, fourth sentence.
97.
Ibid, at paragraph 7.132, third sentence.
98.
Ibid.
99.
Ibid, at paragraph 7.137.
100.
Ibid, at paragraph 7.138.
101.
Ibid, at paragraph 7.140.
102.
Ibid, at paragraph 7.141, second sentence.
103.
Ibid, at paragraph 7.142, first sentence.
104.
Panel Report on India—Patent Protection for Pharmaceutical and Agricultural Chemical Products, WT/DS50/R (Hereinafter India—Patents).
105.
Ibid, at paragraph 7.18, fifth sentence.
106.
Ibid, at paragraph 7.20, first sentence.
107.
Ibid, at paragraph 7.21, first sentence.
108.
Ibid, at paragraph 7.21, second sentence.
109.
Ibid, at paragraph 7.22, first sentence.
110.
Appellate Body Report on India—Patent Protection for Pharmaceutical and Agricultural Chemical Products, WT/DS50/AB/R (Hereinafter India—Patents).
111.
Ibid, at paragraph 36.
112.
Ibid.
113.
Ibid, at paragraph 37.
114.
Ibid.
115.
Ibid, at paragraph 41.
116.
Ibid.
117.
Ibid, at paragraph 42.
118.
Ibid.
119.
Ibid, at paragraph 45.
120.
Ibid.
121.
Ibid, at paragraph 46.
122.
Ibid.
123.
Ibid, at paragraph 48.
124.
Panel Report on India—Patent Protection for Pharmaceutical and Agricultural Chemical Products, WT/DS79/R (Hereinafter India—Patents).
125.
Ibid, at paragraph 7.9, second sentence.
126.
Ibid.
127.
Ibid.
128.
Ibid, at paragraph 7.12, second sentence.
129.
Ibid, at paragraph 7.19, first sentence.
130.
Ibid, at paragraph 7.15, second sentence.
131.
Ibid.
132.
Ibid, at paragraph 7.21, first sentence.
133.
Ibid, at paragraph 7.22, first sentence.
134.
Ibid, at paragraph 7.25, second sentence.
135.
Ibid, at paragraph 7.28, third sentence.
136.
Ibid, at paragraph 7.30, first sentence.
137.
Ibid.
138.
Ibid, at paragraph 7.30.
139.
Panel Report on India—Additional and Extra-Additional Duties on Imports from the United States, WT/DS360/R (Hereinafter India—Additional Duties).
140.
While arguments of both parties and panel analysis were covered separately in the panel, the sum and substance of the parties’ arguments and panel analysis was quite similar in respect of both the new notifications. Hence, for the sake of brevity, repetition of similar arguments and jurisprudence is avoided.
141.
Panel Report on India—Additional Duties, at paragraph 7.42.
142.
Ibid, at paragraph 7.48.
143.
Ibid, at paragraph 7.49.
144.
Ibid, at paragraph 7.40.
145.
Ibid.
146.
Ibid, at paragraph 7.55.
147.
Ibid, at paragraphs 7.58.
148.
Ibid, at paragraph 7.61.
149.
Ibid, at paragraph 7.63.
150.
Ibid.
151.
Ibid.
152.
Ibid, at paragraph 7.69.
153.
Ibid.
154.
Ibid.
155.
Ibid, at paragraph 7.70.

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Centre for WTO Studies, Indian Institute of Foreign Trade, New Delhi, India
Abhijit Das & Jayant Raghuram

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Abhijit Das
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Centre for WTO Studies, Indian Institute of Foreign Trade, New Delhi, India
Abhijit Das
Jindal Global Law School, O.P Jindal Global University, Sonepat, Haryana, India
James J. Nedumpara

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Das, A., Raghuram, J. (2016). One Too Many: Significant Contributions of India to the WTO Dispute Settlement Jurisprudence. In: Das, A., Nedumpara, J. (eds) WTO Dispute Settlement at Twenty. Springer, Singapore. https://doi.org/10.1007/978-981-10-0599-2_5

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DOI: https://doi.org/10.1007/978-981-10-0599-2_5
Published: 09 April 2016
Publisher Name: Springer, Singapore
Print ISBN: 978-981-10-0598-5
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