Indian trade lawyers and the building of State trade-related legal capacity

Shaffer, Gregory, Nedumpara, James J. and Sinha, Aseema (2014) Indian trade lawyers and the building of State trade-related legal capacity. [Working papers (or Preprints)] (Submitted)

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Abstract

This paper examines the growing role of Indian lawyers in the transformation of Indian trade policy through the development of trade-related legal capacity. By trade-related legal capacity we mean, broadly, the ability of a country to use law to engage proactively in the development and defense of international and domestic policy. Such capacity is critical for the drafting and interpretation of international legal agreements, the adoption of domestic regulation within those agreements’ constraints in order to defend policy space, the monitoring of foreign commitments, and the development of legal arguments in formal international litigation and informal dispute settlement. Through developing legal capacity, public and private actors work together to open export opportunities abroad and defend domestic policy measures at home. While others have written of the legalization of international trade through the increased role of the WTO legal secretariat and the emergence of the WTO Appellate Body in international dispute settlement, this paper addresses the growing role of lawyers in the development of trade policy at home in one of the world’s rising powers, India.

Item Type: Working papers (or Preprints)
Keywords: developing countries | WTO dispute settlement | international trade law | legal capacity
Subjects: Social Sciences and humanities > Business, Management and Accounting > General Management
Social Sciences and humanities > Economics, Econometrics and Finance > Banking and Finance
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Arjun Dinesh
Date Deposited: 18 May 2022 13:33
Last Modified: 18 May 2022 13:33
Official URL: https://dx.doi.org/10.2139/ssrn.2390673
URI: https://pure.jgu.edu.in/id/eprint/3080

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