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Leveling The Playing Field: Industrial Policy And Export-Contingent Subsidies In India-Export Related Measures, Timothy Meyer, Swati Dhingra
Leveling The Playing Field: Industrial Policy And Export-Contingent Subsidies In India-Export Related Measures, Timothy Meyer, Swati Dhingra
Vanderbilt Law School Faculty Publications
In India–Export Related Measures, the United States challenged a range of Indian measures as prohibited export-contingent subsidies, and a WTO panel largely agreed. This article examines the factors at play in the United States’ decision to bring the challenge. At the level of policy, the United States case reflects India’s graduation from the protections afforded developing nations’ export-contingent subsidies under the Agreement on Subsidies and Countervailing Measures. A closer examination, however, shows that India ramped up its export-contingent subsidies just as the SCM Agreement required it to wind those subsidies down. Moreover, the expanded Indian subsidies led to increased import …
How To Treat The Wto's Problem With Precedent, Timothy Meyer
How To Treat The Wto's Problem With Precedent, Timothy Meyer
Vanderbilt Law School Faculty Publications
This Article argues that the World Trade Organization's Appellate Body (AB), or a successor body, must become more transparent in justifying its decision to rely (or not) on prior decisions. The AB's practice of precedent-which the United States cited as a cause of its decision to paralyze the AB by blocking new appointments-is similar to how it has approached "likeness" in nondiscrimination cases. It placed a lot of weight on whether two cases (or products) are sufficiently similar to be compared, and it spent relatively less time substantively justifying its treatment of prior cases. Because the WTO does not have …