'India - Solar cells' : trade rules, climate policy, and sustainable development goals

Abstract

India – Solar Cells is one of a growing number of WTO disputes that highlight the continuing tensions between climate change polices (and renewable energy manufacturing initiatives in particular) and established multilateral trading rules. The United States alleged that Indian policies discriminated against foreign solar cell suppliers operating in the Indian market. The Appellate Body broadly rejected India’s arguments to justify the measure either under Article III.8 public procurement derogations or as a general exception under “short supply” and “compliance with laws and regulations” provision of Article XX of the GATT. We argue that the Appellate Body was correct both on legal and economic grounds. The case does highlight the continuing need for clarity about the allowed parameters for climate change policies within the multilateral trade system.