Ensuring the Conformity of Domestic Law With World Trade Organisation Law India as a case study
The World Trade Organisation (WTO), established in 1995, provides a contractual framework within which Member States undertake to implement law and regulations regarding foreign trade in a wide range of sectors. The purpose of this study is to examine why and how WTO rules are actually implemented and to what extent they have changed Indian law.
The conformity of Indian law to WTO regulations is compulsory for two reasons. Firstly, by declaring that “each member shall ensure the conformity of its law, regulations and administrative procedures with its obligations as provided in the annexed Agreements”, the Agreement establishing WTO affirms the obligation for all the Members to ensure such compliance. The legal consequences of this obligation are discussed with regard to the effective adaptation of Indian domestic law. Secondly, WTO has set up a new dispute settlement mechanism to monitor the compliance of domestic law with WTO regulations. The contribution of this mechanism in ensuring conformity to WTO rules has been assessed with reference to India’s involvement in disputes.
On the theoretical side, the study identifies the characteristics peculiar to WTO that ensure the implementation of its regulations and oblige India as well as other Members to comply with international norms. On the practical side, it gives an overview of the recent innovations or changes in Indian law that are presently applicable and simultaneously assesses India’s integration in international trade governance.