01 January 0001

International Trade Amicus: March 2013

Do various Indian schemes placing a requirement of domestic content violate WTO provisions? Article in this issue of International Trade Amicus concludes that the Indian FDI Policy in multi-brand retail calling for domestic content is inconsistent with Article 2.1 of the TRIMs (Trade Related Investment Measures) and Article III:4 of the GATT 1994. It is stated that the Policy also contravenes the national treatment provision under various Bilateral Investment Treaties (BITs). This March 2013 issue, other than the usual table highlighting various anti-dumping and safeguard measures by India and against India, also covers the news about US taking India to the WTO DSB challenging the latter’s domestic content requirement under Jawaharlal Nehru National Solar Mission for solar cells and solar modules. Indian Economic Survey 2012-13 has concluded that India was less aggressive in using anti-dumping as a trade tool as compared to Brazil, Argentina and China last year. Court of Arbitration has given partial award in favour of India in a dispute concerning legality of the construction of dam by India on the Indus river.

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