Indian Agrarian Distress and Regional Comprehensive Economic Partnership: A Study on India’s Trade Deficit and Plant Variety Protection Laws

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

Rethinking Populist Paternalistic Legal Prescriptions & Policies to Address Agrarian Distress in India

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

Incentive Structure for Domestic Electronic Manufacturing Industry Under the WTO regime

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

Call for Entries: RMLNLU-CTIL Conference on International Trade Law [February 02, 2020]

The Journal Committee at Dr. Ram Manohar Lohiya National Law University, Lucknow, in collaboration with Centre for Trade and Investment Law, Indian Institute of Foreign Trade is organising RMLNLU-CTIL Conference on International Trade Law (7th RMLNLU International Legal Essay Writing Competition) on February 02, 2020. THEMES: 1. Policy Proposals for Export-Led Growth in compliance with WTO Law Exports continue to be a significant part of … Continue reading Call for Entries: RMLNLU-CTIL Conference on International Trade Law [February 02, 2020]

Blockchain Technology: Importance of Transnational Laws and Jurisdictional Issues in Blockchain Dispute Resolution

By: Rabindra Kumar Mitra INTRODUCTION “The real problem is not whether machines think but whether men do.” – F. Skinner Today, the term ‘Government’ is associated with incompetence, corruption, red-tapism, and power being concentrated in the hands of the few. The same picture is reflected in Banks, Courts and other instruments of the State. So, what happens if these intermediaries are released from their supervisory … Continue reading Blockchain Technology: Importance of Transnational Laws and Jurisdictional Issues in Blockchain Dispute Resolution

Cyber Security in the Age of Privacy

By: Urmil Shah INTRODUCTION The internet has developed so rapidly since the 1990’s that we have now entered an age where we require laws to regulate and govern it. Essentially, the internet relies upon voluntary adherence and theoretically is a network of people passing along packets of information so that when the time comes you pass along packets for them. Tim Berners Lee, the inventor … Continue reading Cyber Security in the Age of Privacy

Jurisprudence: Deliberating upon Cyber Economic Espionage

By: Priyadarshini Barua INTRODUCTION At the China Institute Event in April, New York, Gilbert Kaplan, an undersecretary for international trade at the US Commerce Department, said that China is “stealing American intellectual property and engaging in commercial cyber espionage”. It is not the first time that the country has been accused of economic espionage. Back in 2014, Reuters reported that the United States had charged … Continue reading Jurisprudence: Deliberating upon Cyber Economic Espionage

Enforceability of International Arbitral Awards in Light of the New York Convention

By: Tarini D. Prabhu INTRODUCTION International arbitration is growing as a means of dispute resolution today. Arbitration is considered a more cost-effective, timely, and flexible means of resolving disputes, without having to resort to litigation and its accompanying inconveniences. Although there is an effort to shift away from litigation and the regular courts, arbitration cannot completely sever itself from the courts as it ultimately depends … Continue reading Enforceability of International Arbitral Awards in Light of the New York Convention

The inclusion of Award or its Non-Enforcement in the Definition of the Investment

By:  Yash Lahoty INTRODUCTION The investment in different states other than the state of establishment (Parent state) is governed by International Investment Agreements (IIAs) also known as Bilateral Investment Treaties (BITs) between the contracting state parties. International Commercial Disputes are now preferably settled through international Commercial Arbitration that is specifically provided in the investment treaty itself.[1] The treaty provides for all kinds of disputes possible … Continue reading The inclusion of Award or its Non-Enforcement in the Definition of the Investment