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International Trade Amicus: July 2014

Article in this issue of International Trade Amicus discusses at length investment protection as being enshrined more and more in Free Trade Agreements (FTAs). The article states that though divergence between a nation’s domestic laws and the provisions in international treaties is not something new, it is important that there is dialogue and exchange of information with stakeholders before the treaty is finalized.

As usual, this Amicus covers list of trade remedy measures by and against India. Under “WTO News”, this issue reports disputes raised by Indonesia and European Union against each other and Canadian anti-dumping measures being disputed by Chinese Taipei. Last month also witnessed number of concerns about health protection, including healthy food and drink, and labeling raised by various countries in Technical Barriers to Trade (TBT) Committee meeting and this issue provides an update on this news.

Under Ratio decidendi, this month’s Amicus covers Delhi High Court Order holding that recommendations of Director General of Safeguards cannot be challenged by writ petition. The court though held that the order would not preclude the petitioner from challenging the imposition of duty by the Central Government. Further, in a case involving findings of targeted dumping by the Commerce Department, the United States Court of International Trade has rejected the argument of the foreign exporter that there is implicit requirement to consider “motive” behind pricing practices of the exporter before applying the targeted dumping remedy. A brief discussion on this order is included in this issue.

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