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

26 Pages Posted: 6 Feb 2014 Last revised: 20 Mar 2017

See all articles by Gregory Shaffer

Gregory Shaffer

University of California, Irvine School of Law

James J. Nedumpara

OP Jindal Global University - Jindal Global Law School (JGLS)

Aseema Sinha

Claremont McKenna College

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Date Written: February 4, 2014

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.

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

Suggested Citation

Shaffer, Gregory C. 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: https://ssrn.com/abstract=2390673 or http://dx.doi.org/10.2139/ssrn.2390673

Gregory C. Shaffer (Contact Author)

University of California, Irvine School of Law ( email )

401 E. Peltason Dr.
Ste. 1000
Irvine, CA 92612
United States

James J. Nedumpara

OP Jindal Global University - Jindal Global Law School (JGLS) ( email )

Jindal Centre 12 Bhi12 Bhikaiji Cama Place
Near Jagdishpur Village
New Delhi, Uttar Pradesh/Haryana 110 066
India

Aseema Sinha

Claremont McKenna College ( email )

500 E. Ninth Street
Claremont, CA 91711
United States

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