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WTO Appellate Body rules against use of domestic content requirements in US-India solar case

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The WTO’s highest court has released its final report in the US dispute against India’s use of domestic content requirements in the Jawaharlal Nehru National Solar Mission (NSM), disagreeing with the points raised in New Delhi’s appeal of an earlier panel ruling. The 16 September ruling by the Appellate Body comes over three years after the US initially requested consultations with India on the subject. (See Bridges Weekly, 13 February 2013 ) [ Editor's note, Bridges Weekly is ICTSD's flagship publication for trade and sustainable development news ] The original dispute panel had released its findings the past February, deeming that these domestic content requirements violated the WTO’s “national treatment” requirement under both the General Agreement on Tariffs and Trade (GATT) and the Agreement on Trade-Related Investment Measures (TRIMs). (See Bridges Weekly, 3 March 2016 ) Energy, development objectives India launched its National Solar Mission six years ago, pledging to scale up its grid-connected solar power capacity to reach 20,000 megawatts by 2022. This objective was later revised upward to 100,000 megawatts. Since its inception, the mission has been rolled out in various phases, with the solar power developers participating in the NSM during the years 2010-2014 required to use...

Theme: TRADE LAW
Tags: WTO Dispute Settlement, India, Renewable Energy, United States, WTO Dispute Settlement

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