Wto Agreement Binding On India

Gepostet von am Okt 17, 2021 in Allgemein | Keine Kommentare

Let me now turn to the anti-dumping agreement. Article XV of the Agreement provides that it is recognised that members of industrialised countries must pay particular attention to the special situation of member States of developing countries when considering the application of anti-dumping measures under the Agreement. Prior to the application of anti-dumping duties, the possibilities for constructive remedies will be considered if they adversely affect the essential interests of developing country members. Like all other provisions of the S&D E, the wording of Article 12.6 is not legally binding and is at most a best effort clause. So, the expressions used are: members should pay special attention. or take it into account. I assume that in this session we do not have to deal with implementation as a general issue and that I have to focus on the provisions relating to the development of S&D in some WTO agreements. In other words, I will confine myself to implementation issues arising from the non-binding and/or non-operational nature of the S&D provisions. All economic activity is influenced by agreements emanating from Geneva.

Obstacles to the growth of India`s international trade Until 1995, textiles and clothing were not covered by multilateral agreements 100 These include agreements with the ASEAN countries, Hong Kong and Macao, Pakistan and Chile, and ongoing negotiations with the Gulf States, New Zealand and Australia. See „Report of the People`s Republic of China“, loc. cit. 95, paragraphs 77 to 82. India has signed bilateral agreements with two neighbouring countries, Bhutan and Nepal, to grant them preferential access. More limited agreements have been signed with Bangladesh, which benefits from India`s preferential treatment of least developed countries under SAPTA, and with Myanmar. Commonwealth preferences will continue to be extended to Mauritius, Tonga and Seychelles. Under the Uruguay Round, India tied up 67 percent of all its tariff lines, whereas previously only 6 percent of tariff lines were tied. Bonds range from 0 to 300% for agricultural products from 0 to 40% for other products. In the Uruguay Round, 25 per cent of industrial products were linked to intermediate goods and 40 per cent to manufactured goods. Let me start with the SPS agreement.

Article 10 of this Agreement shall read as follows: 1. When developing and applying sanitary or phytosanitary measures, Members shall take into account the specific needs of Members of developing countries, in particular least developed countries. (2) Where the appropriate level of sanitary or phytosanitary protection allows for the gradual introduction of new sanitary or phytosanitary measures, compliance periods should be extended for products of interest to Member States of developing countries in order to preserve the possibilities of their exports. 3. In order to ensure that members of developing countries are able to comply with the provisions of this Agreement, the Committee shall be able to provide subsidies to those countries. And (4) Members should encourage and facilitate the active participation of developing country Members in relevant international organizations. I believe that this meeting is likely to address the difficulties of implementation by developing countries and the experience gained from their application by trading partners. It is also noted that this session should deal with S&D provisions in specific agreements and not as a general topic.

With regard to the difficulties of implementation by developing countries, my delegation has always stressed that there are three types of implementation problems: (a) inequalities and imbalances in existing agreements; (b) the non-realization of the expected benefits of some of the agreements; and (c) the non-binding and/or non-operational nature of the S&D provisions. . . .