India in the WTO

See below:

Subject: Request for submission of articles for the Second edition of the Indian Journal of International Economic Law.

We are aware of your interest in areas pertinent to international economic law, and we would be honoured if you would consider submitting an article for the Second edition of the Indian Journal of International Economic Law (IJIEL), brought out by the students of National Law School of India University (NLSIU), Bangalore. In recognition of the staggering impact of WTO and international trade and commerce in India, and keeping in mind the conspicuous absence of any scholarly journal focusing on this fast growing evolution of international trade and economic laws, the NLSIU student community initiated the publication of an international legal journal, last year. The first issue of IJIEL is now ready and has been a mark of success in terms of the breadth and quality of contributions it has attracted. Our circulation policy has targeted law firms, legal practitioners, universities, academic research centers and government bodies in India and abroad.

Our objective is to encourage scholarship and make a modest contribution towards improving analysis and normative evaluation of the global economic governance framework across countries. This would include multidisciplinary research concerning the WTO; financial institutions; regulatory subjects such as taxation, competition and anti trust policy; various services sectors such as banking and brokerage; linkages to human rights and cultural problems, etc.

We have received enthusiastic support from Prof. Jagdish N. Bhagwati and other distinguished academicians. Stalwarts like Prof. Andrew T. Guzman and Prof. Yuji Iwasawa, are also in the journal’s editorial board. Recently, we have also received the patronage of the WTO Chair established in NLSIU by the Ministry of Commerce, India and the Chair Professor, Dr. Jayagovind (Vice Chancellor, NLSIU), is also our current faculty advisor.

We would like to request you to consider submitting for publication any article that you feel may be appropriate for furthering the mandate of the IJIEL. All submissions are to be made via e-mail in Microsoft Word Document (.doc) format or similar compatible software. We follow the Harvard Blue Book (18^th edn.), style of referencing and request authors to comply with the same. Word limits for authors writing full length pieces is 10000-12000, though we appreciate brevity. Word limits for graduate and doctoral thesis by students currently enrolled in their respective courses, is 7000-8000 words.

It may be noted that the Journal is not proposed to be limited to India-centric issues. We wish to minimize usage of paper and therefore accept only electronic submissions. All submissions may be e-mailed to the following address: ijiel@nls.ac.in

Regards

Kushal Bhimjiani

Chief Editor,
IJIEL.

The Economic Times Award for Business Reformer of the year has been awarded to Indian Commerce minister Kamal Nath. The Economic Times on why he was selected:

When he speaks, they listen. Be it the WTO talks, the Tata-Corus row or the Mittal-Arcelor controversy, commerce and industry minister Kamal Nath has represented India’s interests with a certain missionary zeal. And today, at the high table of global trade, if India is accepted as the de facto representative of the developing world, it’s largely because of this Doon School alumnus.
The judges felt that Kamal Nath, with his unflagging zeal in taking the Indian message to the rest of the world, is the right person to be named political reformer this year. While many equally deserving candidates were discussed, it was felt that a reformer should also be a person who has reached out to make a global statement. The minister, they felt, has not only defended and promoted Indian policy positions on crucial, and often contentious, global issues like the WTO talks, but has also gained the respect and understanding of his counterparts in the international community.
His very name gets the attention of luminaries like WTO director-general Pascal Lamy, World Bank president Robert Bruce Zoellick and European Union’s trade commissioner Peter Mandelson. Trade ministers of many countries sing paeans of praise to the Indian minister for the force with which he resists pressure from the US and EU at the WTO. Kamal Nath’s negotiating skills and networking abilities were in full display at the Hong Kong ministerial meeting of WTO in 2005 and this year’s mini-ministerial, thwarting efforts to win fresh concessions from the developing world.
At the same time, Kamal Nath spoke out in favour of the Tata Group when its efforts to take over Corus were resisted. Similarly, he backed L N Mittal when the Arcelor deal was opposed by some European governments.
The way he manages a packed schedule and travels across the globe to seek FDI and negotiate trade deals is cause for envy among his Cabinet colleagues, it is said. Well, the results are visible with the conclusion of a free trade agreement with Asean and a comprehensive economic cooperation agreement with Singapore.
At home too, Kamal Nath pursues his responsibilities with zest and has managed to make SEZs a reality despite severe resistance from within the government. The introduction of product patents is seen as another feather in his cap.

For the news report see here

Here is the vacancy announcement:

ELP is a young firm of lawyers, accountants and economists that provides legal, and economic advice to major corporations, governmental organizations, and international organizations; and services a fast expanding list of blue-chip clientele. With offices in four major India cities-Mumbai, New Delhi, Ahmadabad and Pune, we offer legal advice on international trade/WTO, competition law, indirect taxation, corporate and commercial law and litigation and regulatory support. We also assist our clients in business strategy for entry international markets, trade policy analysis, and risk management consulting.

The International Trade/WTO & Competition law Team based in New Delhi has been consistently ranked at the highest level by leading professional journals, including the Asia Legal 500 which places ELP as the top firm for international trade/WTO in India; and by Chambers & Partners which ranks ELP as a “Band 1” Firm for the whole of Asia. ELP is counsel to the Government of India on trade policy/WTO issues and represents the Government of India in disputes at the World Trade Organization. ELP’s international trade practice uses the rules of global trade at every level, national, bilateral and multilateral, to solve market access issues and resolve trade disputes between governments and private industry.

The International Trade/WTO & Competition law Team is now looking for a Trade Economist with an interest in, and 1-3 years of experience or suitable exposure to the interplay between international trade and economics. Knowledge of competition laws will be an added asset. Suitable candidates with significant experience are also invited to apply and will be considered for more senior positions.

What does a Trade Economist at ELP do?

Trade Economists at ELP work closely with lawyers on project teams. You will be part of a team who will rely on your analysis and advice on economic and trade policy instruments. You will need a solid working knowledge of economic concepts and a broad range of research and quantitative skills. Responsibilities include:

1. Conducting industry, market structure, and trade flow studies
2. Analyzing and understanding free trade agreements (FTAs)-including tariff concessions, rules of origin and removal of non-tariff barriers.
3. Interacting with clients, government representatives, and industry associations
4. Analyzing and interpreting results from economic and trade data using spreadsheets, programming, model building, and regression analysis
5. Assisting in the production and development of research summaries, expert reports, and the presentation of findings.
6. Ensuring the integrity and accuracy of analyses.
7. Assist in drafting and editing ELPs Trade Newsletter and ensuring that the publication reflects recent developments in trade law and policy.

Qualifications

We’re looking for energetic, highly-motivated individual with a post-graduate degree in economics/trade/international relations with a focus on trade, or those who have an interest in trade policy and economics. We place high value on language skills and a strong writing/drafting ability, research experience, computer skills, knowledge of statistics and familiarity with trade databases, presentation and communication skills. Economists are expected to liaise with Government officials, executives and personnel from industry chambers and NGOs in the course of their work and good people-skills are highly desirable. We also expect trade economists to work independently with minimal supervision, be solution oriented, focused on client requirements; to learn quickly; apply prior knowledge to current situations; solve problems; manage time; prioritize tasks; and communicate well with peers, senior staff, and clients.

Compensation

ELP pays its professional staff on par with the best in the profession. Remuneration will not be an issue for the right candidate.

The BBC reported last week that the EU would renew its WTO dispute against India on import duties on alcohol and this time round, the national treatment challenge will take centre-stage. The EU is alleging violation of national treatment in Maharashtra and Goa: 

Despite agreeing to change the rules last year, local goods in the state of Maharashtra – where India’s financial hub Mumbai is located – are exempt from excise duty while imported alcohol is taxed, said the EU.

And in Goa, a special duty applies to imported wines and spirits.

“In both cases internal taxes are applied only to imported wines and spirits, or at a much higher rate for imports than domestic goods,” it said.

“This is a breach of the WTO’s national treatment principle, which requires that WTO members treat imports and domestic goods the same.”

After the WTO Panel report was issued in the US case, there was a discussion of the report on the International Economic Law and Policy Blog. I had commented there that:

Its also strange that the panel did not make findings on the US arguments under article III and even stranger that the US did not insist on such findings. [The US panel request had initially stated that in the alternative even if the AD were internal taxes, they were in breach of Article III:2 and III:4]. This is because the real issue with respect to AD was that it admittedly exceeded excise taxes in some states. The panel finds that Indian law is “not inconsistent” with the AD and SUAD being a charge equivalent to an internal tax. (this is the panels only real finding – Am I correct?) Should it then not have examined whether this was being applied consistently with Article III:2?

Well, the EU seems to be focussing on the national treatment violation now.

Consultations are on under Article 4 of the Dispute Settlement Undertaking. A procedural note: a new panel will need to be constituted as the panel in the EU’s 2007 complaint DS352 has lapsed under Article 12:12 of the DSU.

According to the Business Standard, the United States, India and Thailand were to meet in Geneva on 10 September, (five days before the deadline for compliance) to clarify the Appellate Body ruling in United States — Customs Bond Directive for Merchandise Subject to Anti-Dumping/Countervailing Duties (DISPUTE DS345).

The chairman of the Marine Products Export Development Authority (MPEDA) from India was to attend.

According to the Business Standard:

DSB had adopted reports of panel of judges and Appellate Body in the cases filed by India and Thailand concerning CBR on export of shrimp to the US. DSB proclaimed that the bond requirement imposed by the US Customs since February 1, 2005, was illegal and in violation of global trade practices. This was a major breakthrough for both India and Thailand on the export of warm water shrimp. But Washington is reluctant to implement the decision in order to protect the domestic shrimp aquaculture sector.

The strict imposition of CBR had made export to the US almost impossible and the number of Indian exporters to the US has dropped to 81 from 258 in 2004. India’s export to the US had been hit badly due to this and EU, China and Japan has emerged as the largest importers of Indian seafood items in recent years. A few years back, USA was the largest importer of Indian shrimps. The US share in Indian seafood export basket had dropped to 6.72 per cent in 2007-08 due to CBR and heavy anti-dumping duty.

More on this later …

For the documents in this dispute, see here