Green Industrial Policies and WTO Rules China’s Case Against India

Context


China has filed a fresh complaint against India at the World Trade Organization WTO challenging India’s solar subsidies and tariff measures, reflecting growing disputes over green industrial policies after a similar complaint in October 2025 on EV and battery subsidies.


Issue Raised by China

Nature of Complaint
. China has sought formal consultations with India under the WTO framework
. The complaint relates to India’s photovoltaic solar sector support policies

Core Allegations
. Alleged violation of bound tariff commitments
. Alleged breach of national treatment obligations
. Claim of prohibited import substitution subsidies favouring domestic manufacturers


Implications for India

Policy Space and Trade Rules
. Tension between Make in India and WTO disciplines
. Challenge of designing green industrial policy within multilateral rules

Economic and Strategic Impact
. Possible impact on solar manufacturing ecosystem
. Increased trade frictions with China in clean energy sectors


WTO Dispute Settlement System Overview

Institutional Framework
. A rules based compulsory multilateral mechanism
. Operates under the Dispute Settlement Understanding DSU

Core Objectives
. Ensure predictability and stability in global trade
. Prevent unilateral trade retaliation


Stages of WTO Dispute Settlement

Consultations
. First and mandatory stage
. Emphasis on amicable negotiated solutions

Panel Stage
. Independent panel examines facts and legal arguments
. Determines violation of WTO rules

Appellate Review
. Appeal limited to points of law
. Appellate Body currently non functional

Adoption and Implementation
. Reports adopted by Dispute Settlement Body DSB
. Rulings become legally binding
. Compliance required within a reasonable period of time

Retaliation
. Allowed only with DSB authorisation
. Countermeasures must be proportionate


Key Features of WTO Dispute Settlement

Legal Nature
. Compulsory jurisdiction for all WTO members
. Exclusive forum for multilateral trade disputes

Procedural Aspects
. Time bound process of around 12 months
. Ban on unilateral sanctions without WTO approval


Conclusion


The complaint highlights growing global disputes over climate related subsidies. Its outcome will shape how countries like India balance renewable energy expansion with WTO compliant trade practices, influencing the future of green industrial policy under the multilateral trading system.

Source : TOI

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