Regional Trade Agreements: an Analysis

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  • Topic: Customs union, Free trade, Free trade area
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INTERNATIONAL TRADE LAWS

RESERARCH PAPER (006)

The Regional Trade Agreements: India’s Perspective

M. RAMESH
14 LL.M 09

Under the Supervision of
Dr. Mr. S. Jaswal, Asst. Research Professor

THE INDIAN LAW INSTITUTE
New Delhi

LIST OF ABBREVIATIONS

BOPBalance of Payments
CACourt of Appeal
DSBDispute Settlement Body
DSUDispute Settlement Understanding
EREnglish Reports
FAOFood and Agricultural Organization
FTAFree trade agreement
GATTGeneral Agreement on Tariffs and Trade
GATSGeneral Agreement on Trade in Service
GMOGenetically Modified Organs
HCHigh Court
HL House of Lords
HLCHouse of Lords Cases (Clark)
IBRDInternational Bank for Reconstruction and
Development IMFInternational Monetary Fund
IPRIntellectual Property Rights
ISOInternational Standards Organization
LJ ChLaw Journal Chancery 1831-
LJKBLaw Journal King’s Bench
LR EqEquity Cases
MFNMost-Favoured-Nation
OECD… Organization for Economic Co-operation and Development PTCThe Patent, Design and Trade Marks Cases
RPCReports of Patent, Design and Trade Marks
Cases SCSupreme Court
SPS AgreementAgreement on the Application of Sanitary and Phytosanitary Measures TBTTechnical Barriers to Trade
TPRMTrade Policy Review Mechanism
TRIPSThe Agreement on Trade Related Aspects of
Intellectual Property WHOWorld Health Organization
WIPOWorld Intellectual Property Organization
WTOWorld Trade Organization

The Regional Trade Agreements: India’s Perspective

CONTENTS

I.Introduction

II.A Brief Analysis of India’s Regional Trade Agreements

III. Consistency of India’s Regional Trade Agreements with World Trade Organization Obligation

IV.Challenges in the implementation of India’s Regional Trade Agreements

V.FUTURE OF THE India’s Regional Trade Agreements

VI.Conclusion

Bibliography

THE REGIONAL TRADE AGREEMENTS: INDIA’S PERSPECTIVES

I
Introduction

India has been making unprecedented economic progress in the recent past. In tandem with the high domestic economic growth, India has entered into Nine Regional Trade Agreements( In this research study, the term Regional Trade Agreements means Free Trade Agreements, Customs Union, interim agreements that eventually lead to the formation of a CU or an Free Trade Agreement and Preferential Trade Agreements between developing countries (developing country Regional Trade Agreements) governed by the Enabling Clause.) with other countries, while many other such agreements are in the pipeline. Though the potential political and economic gains for India in following the dual route of multilateralism and regionalism are substantial, in their current form, India’s Regional Trade Agreements face two primary challenges. First, most of India’s Regional Trade Agreements, whether in goods or services, may not be fully consistent with the applicable rules of the WTO. Second, the implementation and administration by India of its regional trade agreements is weak, greatly reducing the actual benefits that flow from these regional trade agreements.

In this research study, an examination of India’s Regional Trade Agreements is carried out to reveal the two challenges mentioned above....
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