Description

I want some one analyze this case “Appellate Body Report, India – Measures Affecting the Automotive Sector, WT/DS146/AB/R, WT/DS175/AB/R, adopted 5 April 2002, DSR 2002:V, 1821”.Tha type of this case will be (IRAC). you must focus in this case just for article III:4 and XI:1 of GATT and also just focus about appellate report and you can summarize the panel report. when you analyze the case, please write your opinion that mean explain it and then write your opinion. You must write 1800 words max.

first : you should summarize the case

second: do the (IRAC) type

ISSUE: what the case problem

RULE: paraphrase article III:4 and XI:1 of GATT

Analyses: first you should figure out what is the case measure. then what is the duty which mean the agreement. After that, what is the breach in this case, it is violation case or non? and then do the analyses related to article III:4 and XI:1 of GATT based on what the appellate report said.

conclusion:

Grades for this assignment will be based on the following factors: A) Clarity in the identification of the selected, relevant legal issues; B) Quality of legal analysis, including your explanation and critique of the adjudicators’ application of relevant legal authorities to the dispute in light of litigants’ strongest arguments; C) Structure and style, including paper organization, and overall quality of writing. make sure not to make conclusory arguments (e.g., enunciating a principle and skipping application of the principle to its final determination). Lawyerly writing invariably follows the IRAC method (issue identification, rule-proof, rule-application, conclusion) because this is the most persuasive to write.

I attach summary of this case and appellant report2 attachmentsSlide 1 of 2

  • attachment_1attachment_1
  • attachment_2attachment_2

UNFORMATTED ATTACHMENT PREVIEW

INDIA – AUTOS1 (DS146, 175) PARTIES Complainants United States, European Communities AGREEMENTS GATT Arts. III, XI and XVIII:B DSU Art. 19.1 Respondent 1. India TIMELINE OF THE DISPUTE Establishment of Panel 27 July 2000 (United States), 17 November 2000 (European Communities) Circulation of Panel Report 21 December 2001 Circulation of AB Reporta 19 March 2002 Adoption 5 April 2002 MEASURE AND PRODUCT AT ISSUE • Measure at issue: India’s (i) indigenization (local content) requirement; and (ii) trade balancing requirement (exports value = imports value) imposed on its automotive sector.2 • Product at issue: Cars and their components. 2. SUMMARY OF KEY PANEL/AB FINDINGS Indigenization requirement • GATT Art. III:4 (national treatment – domestic laws and regulations): The Panel concluded that the measure violated Art. III:4, as

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