Category: International Trade Law
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Is the World Bank Environmental and Social Framework ‘Safeguarding’?
Introduction Since the early years of its inception in the 1940s, The World Bank has primarily used two instruments for financing its development projects; Investment Project Financing, and Development Policy Lending. However, no regulation or policy framework was established to address the environmental and societal discriminatory practices arising out of such funding. The World Bank…
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An insight into the likely outcomes of India’s new FDI Policy
In April 2020, the Government of India notified a change in their FDI policy mandating the requirement of government approval for all foreign direct investments from countries with which India has a land border and all investments made in India whose beneficial owner resides in such border country. This policy covers Pakistan, Bangladesh, China, Nepal,…
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WTO’s Role in Mitigating the Pandemic: Trade Measures and Global Cooperation
Global cooperation plays a vital role in our battle against the Covid-19 pandemic. It is the coming together of nations putting aside their differences to battle the virus. The World Trade Organization (‘WTO’) plays a vital role in mitigating the impact of the virus on the world. In my opinion, our battle with the virus…
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Alternate Methods of Dispute Settlement in the WTO: The Appellate Body Crisis
The crisis the WTO faces arises from a procedural aspect of the establishment of the Appellate Body (‘AB’), which has made its functioning impossible. Art. 17(1) of the Dispute Settlement Understanding (‘DSU’) states that the AB established by the Dispute Settlement Body (‘DSB’) shall consist of a total of seven members among which three shall…
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Looking at the US-China Trade War with emphasis on Art XXI
Invocation of Tariffs by the USA President Trump gave his assent to impose duties of 25% on steel and 10% on aluminium imports through Presidential Proclamations on March 8, 2018. The power to impose such tariffs are provided to the POTUS under is section 232 of the Trade Expansions Act, 1962 which permits the executive…
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International Trade Laws: Inception and its significance ever since
In ancient period, the International Law was governed by ‘inter-racial’ relationships in all communities. Different communities governed by different religions decided to abide by certain general principles of law which would be acceptable by all on the grounds of humanity and which would lead the society into good code of conduct for the treatment of…