While the ALMM Order was introduced to boost domestic solar manufacturing and uphold quality standards, it faces significant hurdles under WTO rules. In this article, the author explores a potential exception under Article XX of GATT and why it ultimately falls short. Continue reading The ALMM Order: Examining its Validity under GATT Article XX Exceptions
In this post, the authors map the journey of Pakistan in the investment arbitration regime from advocating, promoting, and endorsing to regulating and constraining its purview. The authors suggest that Pakistan’s BIT programme should undergo a systemic shift to promote itself. Continue reading Pakistan and Investment Arbitration: Are they Closer to a Line in the Sand?
In the second part of this series, the author continues to examine how current standards can accommodate future fossil phases out cases. The article ends with an analysis of how the current IIA regime can be re-evaluated to address the climate-investment conflict. Continue reading (BIT)s of Change: An Analysis of the Interaction Between the Climate and International Investment Regimes and Potentials for the Future (Part 2)
With the introduction of a new regulation globally, that is, converting net-zero commitments into concrete policy, a big economic transformation is expected. International investment law, however, does not seem to cope with this new reality as it remains at odds with most of these developments. In the first part of this series, the author explores the conflict between climate and investment law. The author then analyses how current standards can be used in future fossil-fuel phase out cases. Continue reading (BIT)s of Change: An Analysis of The Interaction Between the Climate and International Investment Regimes and Potentials for the Future (Part 1)
In this post, the authors analyse the issues pertaining to the proposed Free Trade Agreement between India, China along with ASEAN member nations and five other countries. The authors analyse these issues with a special emphasis on India’s pending Trade Deficit with China and other member nations and the consequences of amending our Plant Variety Protection laws. Continue reading Indian Agrarian Distress and Regional Comprehensive Economic Partnership: A Study on India’s Trade Deficit and Plant Variety Protection Laws
In this post, the author focuses on the need to rethink the utility of some of the agri-related legislation and policies and elaborates on how these statutes are contributing to the woes of the farmers. The author focuses on the role of the Essential Commodities Act, 1955 in discouraging investment in the agriculture sector and the role of Prevention of Cruelty to Animals in Animal Markets Rules, 2018 in devastating the livestock economy. Continue reading Rethinking Populist Paternalistic Legal Prescriptions & Policies to Address Agrarian Distress in India
In this post, the author aims at tracking the cumulative impact of WTO panel’s interpretation of the scope of allowable export subsidy and expansion of products under the Information Technology Agreement (ITA-2) on the domestic electronic manufacturing industry in India. Further, the article raises issues with the Start-up India policy with regard to targeting incentives for innovation and recommends the integration of industrial and innovation policy of the government. The article concludes by suggesting that India should utilise the flexibility provided to developing countries with respect to R&D subsidy as incentive for domestic players to innovate products that can take benefit of reduced tariff under ITA-2.
Continue reading Incentive Structure for Domestic Electronic Manufacturing Industry Under the WTO regime
