Talking Disputes | The India - Solar Cells Dispute

Описание: The event will discuss the recent WTO panel report on India – Solar Cells (DS 456). In the initial phases of India’s Jawaharlal Nehru National Solar Mission (JNNSM), solar power developers were required to use certain types of solar cells and modules manufactured in India for power generation projects in order to ultimately sell that electricity to government agencies under a long-term agreement at a guaranteed rate.

The panel found that these domestic content requirements (DCRs) are trade-related investment measures that violate the national treatment obligations under the TRIMs Agreement and the GATT 1994. The panel also found that the discrimination relating to solar cells and modules under the domestic content requirements cannot be exempted by the GATT Article III:8(a) derogation for government procurement, as the solar cells and modules discriminated against were not in a “competitive relationship” with the electricity bought by the Indian government from power developers. The panel concluded that the domestic content requirements are not measures “necessary to secure compliance with laws or regulations”, or “essential to the acquisition or distribution of products in general or local short supply” as claimed by India, and therefore cannot be justified by the general exceptions provided under GATT Article XX (d) and (j).

For more information: http://www.ictsd.org/themes/trade-law...