India – Measures Concerning Sugar and
Sugarcane
NOTIFICATION OF AN APPEAL by India UNDER ARTICLE 16.4
AND
ARTICLE 17.1 OF THE UNDERSTANDING ON RULES AND PROCEDURES GOVERNING THE
SETTLEMENT OF DISPUTES (DSU), AND UNDER RULE 20(1) OF THE
WORKING PROCEDURES FOR APPELLATE REVIEW
The
following communication, dated 24 December 2021, from the delegation of India,
is being circulated to Members.
_______________
1. Pursuant
to Articles 16.4 and 17.1 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes ("DSU") as well as Rule 20 of the Working Procedures
for Appellate Review (WT/AB/WP/6) ("Working
Procedures"), India hereby notifies to
the Dispute Settlement Body its decision to appeal to the Appellate Body
certain issues of law covered in the Panel Reports1 and certain legal interpretations developed by the Panel in the
three disputes India – Measures Concerning
Sugar and Sugarcane (WT/DS579/R, WT/DS579/R/ADD.1, WT/DS579/R/SUPPL.1; WT/DS580/R,
WT/DS580/R/ADD.1, WT/DS580/R/SUPPL.1,and WT/DS581/R, WT/DS581/R/ADD.1,
WT/DS581/R/SUPPL.1). Further pursuant to Rules 20(1) and 21(1) of the Working
Procedures for Appellate Review, India simultaneously files this Notice of
Appeal together with its Appellant's Submission with the Appellate Body Secretariat.
2. While
India's appeal focuses on certain errors of law committed by the Panel,2
India's choice to not appeal against any issue must not be construed as India's
agreement with the Panel's legal interpretations or conclusions on such issues.
3. Pursuant
to Rule 20(2)(d)(iii) of the Working Procedures, this Notice of Appeal provides
an indicative list of the paragraphs of the Panel Report containing the
alleged errors of law and legal interpretation by the Panel, without prejudice
to India's ability to rely on other paragraphs of the Panel Report in its
appeal and associated submissions.
4. For
the reasons to be further elaborated in its submissions to the Appellate Body,
India appeals and requests the Appellate Body to reverse, modify, or declare
moot and of no legal effect, the findings, conclusions, rulings and
recommendations of the Panel, with respect to the following errors of law or
legal interpretation contained in the Panel Report.
1 The three Panels have issued a
common report. The term "Panel Report" or "Report" in this
Notice of Appeal and accompanying Appellant’s Submission refers to the common
report of the three Panels.
2 The three Panels have been collectively
referred to as the "Panel".