Abstract

http://ssrn.com/abstract=2390673
 


 



Indian Trade Lawyers and the Building of State Trade-Related Legal Capacity


Gregory Shaffer


University of California at Irvine School of Law

James J. Nedumpara


O.P. Jindal Global University (JGU) - Jindal Global Law School (JGLS)

Aseema Sinha


Claremont Colleges - Claremont McKenna College

February 4, 2014

Minnesota Legal Studies Research Paper No. 14-08

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.

The paper builds from years of field research in India and Geneva, involving semi-structured interviews with over fifty Indian officials and stakeholders. The interviewees included former Ambassadors, members of the bureaucracy, private lawyers, private trade association and industry representatives, researchers in think tanks, academics, and news reporters. We complemented these interviews with participant observation in Geneva and in New Delhi, and reviewed our findings against primary and secondary documents.

Number of Pages in PDF File: 26

Keywords: developing countries, WTO dispute settlement, international trade law, legal capacity

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Date posted: February 6, 2014 ; Last revised: March 18, 2014

Suggested Citation

Shaffer, Gregory and Nedumpara, James J. and Sinha, Aseema, Indian Trade Lawyers and the Building of State Trade-Related Legal Capacity (February 4, 2014). Minnesota Legal Studies Research Paper No. 14-08. Available at SSRN: http://ssrn.com/abstract=2390673 or http://dx.doi.org/10.2139/ssrn.2390673

Contact Information

Gregory C. Shaffer (Contact Author)
University of California at Irvine School of Law ( email )
401 East Peltason Drive
Irvine, CA 92697
United States
James J. Nedumpara
O.P. Jindal Global University (JGU) - Jindal Global Law School (JGLS) ( email )
Jindal Centre 12 Bhi12 Bhikaiji Cama Place
New Delhi, Uttar Pradesh/Haryana 110 066
India
Aseema Sinha
Claremont Colleges - Claremont McKenna College ( email )
500 E. Ninth Street
Claremont, CA 91711
United States
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