A/HRC/33/40
framework, except when there is a consensus on them at a ministerial conference.50 Yet, at
the Bali Ministerial Conference, held in 2013, the developing countries surrendered their
most powerful leverage when they conceded the Trade Facilitation Agreement as a separate
accord. Bearing in mind that that Agreement has not entered into force, one may suggest
the developing countries withhold deposit of their instruments of ratification until they
secure their own demands, including Nairobi decisions on “deliverables”, in a single
protocol incorporating the results of the Doha Work Programme.
69.
The outcome document of the eleventh session of the Parliamentary Conference on
WTO, held on 13 and 14 June 2016, states: “We appreciate the decision on public
stockholding for food security purposes and call for the conclusion of negotiations on
finding a permanent solution to the issue … We believe that the issue of food security is
vital for developing countries and that WTO rules must support efforts to combat hunger. In
line with the same decision, we also want to stress the importance of a speedy adoption of a
proposal for a special safeguard mechanism … Flexibility, openness, inclusiveness and
political engagement will be key to advancing on all the remaining issues of the Doha
Development Agenda.”
VII. World Trade Organization dispute settlement
70.
On 24 February 2016, a WTO dispute panel adopted a decision against the efforts of
India to create renewable energy through the extended use of solar panels.51 One would
think that, after the Conference of the Parties to the United Nations Framework Convention
on Climate Change, everyone would support such initiatives, but WTO dispute panels seem
to be caught in their own mantras and incapable of showing flexibility in accommodating
the new priorities imposed by climate change. Despite some interesting initiatives in that
field, such as the WTO Committee on Trade and Environment, there is still unwillingness
to interpret broadly the general exceptions provided under the General Agreement on
Tariffs and Trade 1994.52
71.
The National Solar Mission of India, which aims at increasing the country’s
renewable energy in line with Sustainable Development Goal 7 on ensuring access to
affordable, reliable, sustainable and modern energy for all, is a reasonable plan. It would
create local jobs and bring clean energy to millions by generating 100 gigawatts of solar
power annually, consistent with the goals of the Framework Convention on Climate
Change. The WTO case was brought by the United States, which challenged the domestic
content clause of India, which would require part of the solar cells to be produced
nationally. India unsuccessfully tried to reach a settlement with the United States and now
may have to adjust its solar programme to avoid WTO sanctions. The panel concluded that
the measures of India were inconsistent with article 2.1 of the Agreement on Trade-Related
Investment Measures and article III:4 of the General Agreement on Tariffs and Trade 1994,
and were not covered by the derogation in article III:8 (a) of that General Agreement, or
justified under the general exceptions in articles XX (j) and XX (d) of that General
Agreement. The panel concluded that benefits accruing to the United States had been
50
51
52
16
http://thewire.in/17950/news-of-dohas-death-may-be-premature-but-india-china-must-fight-to-savethe-day/; Chakravarthi Raghavan, The Third World in the Third Millennium CE (Penang, Third World
Network, 2014).
www.wto.org/english/news_e/news13_e/ds456rfc_06feb13_e.htm;
www.ictsd.org/bridges-news/biores/news/us-launches-new-wto-challenge-against-india-solarincentives; and www.wto.org/english/tratop_e/dispu_e/cases_e/ds456_e.htm.
www.wto.org/english/docs_e/legal_e/06-gatt_e.htm.
GE.16-11938
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