tag:blogger.com,1999:blog-920831647912894746.comments2023-09-27T13:28:05.008+05:30 Tread the middle pathSrikarhttp://www.blogger.com/profile/17073379167588035440noreply@blogger.comBlogger1181125tag:blogger.com,1999:blog-920831647912894746.post-15292994035722375512020-07-20T16:20:56.559+05:302020-07-20T16:20:56.559+05:30I would say the blog covers much more than the WTO...I would say the blog covers much more than the WTO. It covers international trade law and policy as well as a bit of investment law and policy, ISDS and the like. It is called mission creep!Srikarhttps://www.blogger.com/profile/17073379167588035440noreply@blogger.comtag:blogger.com,1999:blog-920831647912894746.post-17197112759739474892014-05-28T17:00:35.165+05:302014-05-28T17:00:35.165+05:30Yes, Jayant! Interesting observations. No decision...Yes, Jayant! Interesting observations. No decision is in black or white!Srikarhttps://www.blogger.com/profile/17073379167588035440noreply@blogger.comtag:blogger.com,1999:blog-920831647912894746.post-19301305367292702352014-05-28T16:22:50.639+05:302014-05-28T16:22:50.639+05:30Hi Mr. Srikar,
Something very interesting that yo...Hi Mr. Srikar,<br /><br />Something very interesting that you have pointed out. As is typical with most WTO disputes, it is often that both parties (the complainant and the respondent) claim victory on the outcome of every dispute. That is what even I see in the EC-Seals dispute. Here is my explanation:<br />For the EC, the panel/AB upheld the right of the EU to ban the import, sale, distribution, production of products containing seal on grounds of Article XX(a). The measure was considered necessary for the protection of public morals. This defended the EU from claims that the measure itself was inconsistent with Article XX(a), and more trade restrictive than necessary. <br /><br />On the other hand, the victory for Canada meant that it the de facto discriminatory aspects of the measure, which in effect favoured countries such as Greenland was declared inconsistent with the chapeau of Article XX. This in effect discriminated against Canada. [The IC and MRM exceptions to be specific.]<br /><br />From a DSM angle, haveto also point out the Us-Section 301-310 dispute which was initiated by the EU against the US on its Spl 301 mechanism. Here too, there was victory for both the EU and and the US. On the other hand, the measure was deemed DSU inconsistent (Article 23.1), hence a victory for the EU. However, to the extent the DSU clarified that it would use the measure only to the extent consistent with the DSU as stated in its Statement of Administrative Action, it was a victory for the US. <br /><br />Not to say that ALL WTO disputes are double edged victories however. <br /><br />Just my thoughts. Jayant Raghu Ramhttps://www.blogger.com/profile/10203155769500762509noreply@blogger.comtag:blogger.com,1999:blog-920831647912894746.post-16879196556085231952014-05-22T19:12:58.824+05:302014-05-22T19:12:58.824+05:30Srikar- what I find most interesting in the Panel’...Srikar- what I find most interesting in the Panel’s assessment was its examination of the elements of Article XX(a). It notes that "the question of whether a measure aims to address public morals relating to a particular concern in the society of a regulating Member requires … an assessment of two issues: first, whether the concern in question indeed exists in that society; and, second, whether such concern falls within the scope of 'public morals' as 'defined and applied' by a regulating Member 'in its territory, according to its own systems and scales of values.”<br /><br />The panel’s reasoning arguably provides a wide range of policy flexibility to countries to design measures based on public morals- according to its own systems and scales of values. Where the Panel faulted EU was on the basis of the chapeau of Article XX- that the measure was not applied in a manner that would constitute arbitrary or unjustified discrimination where the same conditions prevail or a disguised restriction on international trade.<br /><br />I am curious to see the AB reasoning on both aspects.<br />R.V. Anuradhahttps://www.blogger.com/profile/10620829710422712888noreply@blogger.comtag:blogger.com,1999:blog-920831647912894746.post-13844760084731773262014-05-04T23:10:50.706+05:302014-05-04T23:10:50.706+05:30Srikar- firstly, thank you for making us part of t...Srikar- firstly, thank you for making us part of this wonderful blog, and I look forward to some vibrant discussions! <br /><br />The EU-Russia energy dispute will indeed be an interesting one to watch. The measures at issue relate to EU’s Third Energy package – which comprise of norms that bans suppliers from owning transit facilities, such as pipelines. The dispute promises to test the sufficiency of WTO norms to address the various issues relating to the energy sector, as well as address issues relating to interface between WTO rules and principles of competition and investment. The EU is essentially a net consumer of energy, and Russia- a producer/supplier. So, while for EU, security of supply is critical, for Russia- it is the assurance of demand, and its control over the supply chain.<br />With regard to GATS, under the existing system of classification of services (W/120), there is no energy sector specific category. Instead sub-classes of energy services have been included in different sectoral categories. For example, services incidental to energy distribution and services incidental to mining are listed as a subclass under “Other Business Services” and pipeline transportation of fuel is listed as a subclass under “Transport Services”. <br /><br />More on this- as the dispute evolves!R.V. Anuradhahttps://www.blogger.com/profile/10620829710422712888noreply@blogger.comtag:blogger.com,1999:blog-920831647912894746.post-2099272398977139512014-02-11T15:08:31.332+05:302014-02-11T15:08:31.332+05:30Thanks for sharing some inspirational points about...Thanks for sharing some inspirational points about <a href="https://ripple.com/" rel="nofollow">currency trade</a>. It is very substantial.Anonymoushttps://www.blogger.com/profile/16262330335437870699noreply@blogger.comtag:blogger.com,1999:blog-920831647912894746.post-14319297510100289202013-10-31T23:30:25.842+05:302013-10-31T23:30:25.842+05:30Just wanted to let you know your blog is much appr...Just wanted to let you know your blog is much appreciated. Keep up the good work. I will try to comment on your posts where I feel I can contribute.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-920831647912894746.post-83111753133532764382013-09-23T11:20:42.474+05:302013-09-23T11:20:42.474+05:30Mr. Srikar, I don't believe there is any dicho...Mr. Srikar, I don't believe there is any dichotomy in treatment of subsidies given to fossil fuels and those given under renewable energy programmes. atleast not as far as the WTO SCM Agreement is concerned, since there is no element of specificity. Though it can positively be said that there is a "subsidy" being provided under the ASCM, such a subsidy will not be actionable under the ASCM in the absence of it being specific. <br /><br />Would like to know your views on the same. <br /><br />regardsJayant Raghu Ramhttps://www.blogger.com/profile/10203155769500762509noreply@blogger.comtag:blogger.com,1999:blog-920831647912894746.post-3584002894522608772013-09-20T00:18:54.475+05:302013-09-20T00:18:54.475+05:30Hi there Dear, are you genuinely visiting this sit...Hi there Dear, are you genuinely visiting this site on a regular basis, if so after <br />that you will absolutely take pleasant know-how.<br /><br />my weblog :: <a href="http://www.editcsa.it/modules.php?name=Your_Account&op=userinfo&username=ToddYates" rel="nofollow">http://www.ibiza-formentera.it/hotel.asp?Title=alloggi-San-Antonio&iCityId=1&iSuburbId=9&IdTipologia=3</a>Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-920831647912894746.post-23684273396606758982013-07-20T06:36:34.798+05:302013-07-20T06:36:34.798+05:30srikar,
what's ur opinion on this? if forex m...srikar,<br /><br />what's ur opinion on this? if forex mkt policies have to be regulated, by WTO or some other agency, then what form should it take?<br /><br />i am asking this because, unlike directly trade related issues like tariffs etc, exchange rate policies are very closely inter-twined with monetary policy and policies that regulate external capital flows (the impossible trinity). these three form the three pillars of any macroeconomic stabilization policy that open economies follow. <br /><br />regulating one, would effectively (in a very direct sense) mean regulating the other two. it is a very small distance for us to be talking about regulating monetary policy itself. we need to remember that currency devaluations (which by definition has a beggar-thy-neighbour dimension) have been a commonly used critical policy instrument for regaining external competitiveness by countries. in fact, the biggest criticism of the eurozone experiment is that it denied countries the flexibility to devalue their way out of a sovereign debt and external competitiveness crisis.<br /><br />by the same logic, we should be arguing even more vehemently about regulating monetary policy itself, since the extraordinary monetary accommodation that the developed economies have been following for the past five years has done much more damage to the world economy (it has had strongly destabilising influence on emerging markets) than anything in the forex markets.<br /><br />i feel that the whole issue has assumed significance because of China. i also agree that China's currency policies hurt similarly placed emerging economies like Brazil and India more than the developed economies. but how long is it going to last? <br /><br />tomorrow if Brazil lowers its corporate tax rate as low as Ireland, thereby sucking businesses and distorting the business practices of MNCs, will we start talking about harmonizing national corporate tax rates? ireland does not attract much attention only because of non-threatening size...Urbanomicshttps://www.blogger.com/profile/16956198290294771298noreply@blogger.comtag:blogger.com,1999:blog-920831647912894746.post-47320538438977390012013-07-09T12:30:18.459+05:302013-07-09T12:30:18.459+05:30Well, Utopia is what all of us strive for! But the...Well, Utopia is what all of us strive for! But the real world is far from it and one has to tread that path consciously I guess! <br />Srikarhttps://www.blogger.com/profile/17073379167588035440noreply@blogger.comtag:blogger.com,1999:blog-920831647912894746.post-12851800255317528482013-07-08T23:35:17.479+05:302013-07-08T23:35:17.479+05:30I agree, it is some food for thought! A complex is...I agree, it is some food for thought! A complex issue and as evident from all the questions raised, hard to address in terms of ensuring that the interests of all the stakeholders are taken into account. Such that a balanced trade agreement is in place. It will be interesting if such an agreement ever happens - I for one, will be happy to live in this Utopian state! :)Bina Rajagopalhttps://www.blogger.com/profile/01490653233275567814noreply@blogger.comtag:blogger.com,1999:blog-920831647912894746.post-46563754965210728772013-06-19T06:08:04.706+05:302013-06-19T06:08:04.706+05:30Prescription drug expenses are normally protected ...Prescription drug expenses are normally protected for a chosen portion from the costs. The total amount will depend on the particular state program or maybe the employer's health program. If you discover that the protection is not plenty of, you can buy additional insurance coverage in reducing the costs of prescriptions. Also, there are medical experts plus unique clinical gear that may not be covered below provincial or company programs. 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