Lakshmi Kumaran & Sridharan AttorneysAn ISO 9001 / 27001 certified law firm

International Trade Amicus: December 2013

Article XI of the GATT, providing for general elimination of quantitative restrictions, is the topic of discussion in the article this month. It is concluded that analysis of a claim under Article XI will involve application of some principles discussed, in the article itself, on a case-by-case basis. Under WTO News, this issue covers the news item according to which success at Bali in the Ministerial Conference is being termed as first major step since the formation of the WTO itself. Trade Ministers of the member countries have agreed on Trade Facilitation Agreement which will soon be implemented across the globe. India’s food security programme also got a breather in the form of interim mechanism allowing developing countries to continue with their existing policies till a final solution is reached for adoption at the 11th ministerial conference. DSB panel has upheld European Union’s ban on import of specified seal products. Australian Airlines is considering approaching Anti-dumping Commission against its rival on the issue of price-dumping in the service industry. Ratio decidendi brings to readers an important order of the Court of Justice of European Union (CJEU) wherein it has been held that Article 6(7) and 8(4) of the EU’s Basic Regulation (Regulation No. 384/96) do not impose any obligation as to the point in time at which the authorities are required to add copy of the price undertaking to the non-confidential file so that the parties concerned may consult it.

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