India in the WTO

Here is an interesting speech by India’s former Commerce and Industry minister Kamal Nath at the National University of Singapore in 2008. Mr. Nath might well be India’s Commerce Minister for another 5 year term …

Here is an interesting SSRN paper on the issue of the status of WTO law within the Indian legal system.

Chowdhury, Nupur,The (Absence of) Direct Effect of WTO Law – Current Developments within the Indian Legal System(May 20, 2008). Available at SSRN: http://ssrn.com/abstract=1136585

Abstract:
This chapter gives an overview of the status of international law under the Indian Constitution and its implications for the status of the WTO Agreement and the covered agreements within the Indian legal system. The Indian legal system is dualistic and international legal instruments ratified by the country become part of the national system only when it is transposed into national law. However such a strict interpretation has often been circumvented by the Courts in favor of a direct applicability of international law on the basis of the principle of consistent interpretation as provided for in the Constitution. In that sense it is interesting to note that notwithstanding the dualistic nature of the legal system, the Courts have applied the consistent interpretation, supremacy and the (in)direct effect principles in a varied number of cases to strengthen the conformity of national law with international law. In that sense, the relationship between these principles is dynamic and can be temporally located within the different trends of judicial activism in the Indian courts. Amongst the WTO agreement it is the TRIPS agreement that has been at the center of most legal disputes. Given the considerable economic interests of the Indian biotechnology sector (drugs and pharmaceuticals) and therefore the high stakes, in concomitance with the considerable textual ambiguity, which the TRIPS amendment has created, this is not surprising. It also underlines the currency of such a debate on the application of the principle of direct effect in the present context of the Indian legal system.

See:

Gupta, Surupa. "Developing Country Interests and Coalitions-Building at WTO Negotiations: Some Lessons from India’s Experience" Paper presented at the annual meeting of the International Studies Association, Le Centre Sheraton Hotel, Montreal, Quebec, Canada, Mar 19, 2004 Online <.PDF>. 2009-04-17 <http://www.allacademic.com/meta/p73469_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Despite recurrent last minute defections, developing countries such as India continue to rely on forming coalitions with other like-minded countries during multilateral trade negotiations. This paper seeks to explain why they do so and to assess the extent to which such a strategy brings benefits by looking at India’s experiences during 1995-2001. It argues that in India’s case coalition formation should be seen within the context of India’s search for a new strategy for multilateral trade negotiation after the conclusion of the Uruguay Round. The impetus for the new strategy came from the perceived “selling-out” of India’s interests during the Uruguay Round. That experience also generated a negative perception in India about the World Trade Organization, a perception that was further strengthened as its agenda was sought to be expanded by the United States and the European Union beginning in 1995-96. The attempt at enlarging the agenda also strained the meager negotiating resources that India had at the time. On each of the new issues that were proposed, India’s position was farthest from that of the US and the EU. It was obvious that India would have to work hard to protect its interests and in the absence of adequate resources of its own, working in coalitions turned out to be an obvious choice. The strategy has allowed India to have a much larger voice in these negotiations than what we would expect looking at its global trade share. In the area of furthering Indian interests, the success of the strategy has been more modest. .

Friesen, Kenneth. "Understanding Globalization in India: A Flattened or a Layered World?" Paper presented at the annual meeting of the International Studies Association 48th Annual Convention, Hilton Chicago, CHICAGO, IL, USA, Feb 28, 2007 Online <APPLICATION/PDF>. 2009-04-17 <http://www.allacademic.com/meta/p180435_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Understanding the nature of globalization in India is more than just understanding an
economic definition of poverty – it includes an understanding of the culture and history of
India and ways in which globalization means adding layers of complexity within India, not
simply replacing one India (traditional) with another (modern). This paper situates the
economic liberalization policies of the Indian government from the early 1990s to the
present in the context of the larger globalization debate. The paper then puts the context
around which the economic reforms were taken within India’s recent development history.
After understanding this greater context the paper reviews several recent studies that have
examined whether the economic growth in India has come at the expense of growing
inequality.

Gupta, Surupa. "Protecting the half-billion: Domestic and international determinants of India’s agricultural trade policy at the WTO negotiations" Paper presented at the annual meeting of the Political Research Online, Town & Country Resort and Convention Center, San Diego, California, USA, Mar 22, 2006 <Not Available>. 2009-04-17 <http://www.allacademic.com/meta/p99692_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Although economists have argued that India has a comparative advantage in several farm products, India’s position in the WTO negotiations in agriculture has been primarily defensive. This paper explains India’s defensive posture by tracing it to a new consultative mechanism for decision-making on WTO issues that explicitly recognizes the role of the agriculture ministry in agenda-setting. India’s definition of its core interests and its ability to maintain its defensive position have also been shaped by the multilateral trade regime itself and by the changing coalitions within it.

Sinha, Aseema. "Global Linkages and Domestic Politics: Trade Reform and Institution Building in India in Comparative Perspective" Paper presented at the annual meeting of the Political Research Online, Town & Country Resort and Convention Center, San Diego, California, USA, Mar 22, 2006 <Not Available>. 2009-04-17 <http://www.allacademic.com/meta/p99690_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: This paper examines how the World Trade Organization (WTO) affects institutional development and policy responses in India. India is a country traditionally resistant to external pressures but in which participation in an international organization stimulated a transformation in trade policy processes and procedures, unleashed a new bureaucratic politics, institutional innovation, and activation of policy-expert linkages. I argue that we go beyond zero-sum assumptions in understanding the relationship between globalization and national state institutions. Key rules of international organizations increase transaction and sovereignty costs for states, which may catalyze new domestic capacities and create the impetus for new governance mechanisms. I demonstrate this argument with an analysis of India’s engagement with the WTO and with illustrative evidence of China, Brazil, Japan, and United States’s interaction with the WTO. The evidence is drawn from 18 month fieldwork in India, Washington DC, and Geneva, a newspaper database, and reliance on 100 interviews. [149 words]

Gupta, Surupa. "Tying Hands and Cutting Slack: Comparing India?s Negotiating Positions in Agriculture and Services using the Two-Level Game Framework" Paper presented at the annual meeting of the Political Research Online, Hilton Chicago, CHICAGO, IL, USA, Feb 28, 2007 <Not Available>. 2009-04-17 <http://www.allacademic.com/meta/p180085_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: How states behave in the context of a negotiation can best be understood within a domestic-international framework such as two-level game which focuses on international and domestic-level inputs simultaneously and attempts to understand the strategic interaction between them. However, the literature on two-level games, with some exceptions, focuses primarily on bilateral negotiations between developed states. Studying developing country responses in the context of multilateral negotiations requires us to both modify certain assumptions and question some of the conclusions. The existing literature looks at cases where the negotiations are initiated by the executives of states engaged in the negotiations and thus assumes that at least at the agenda-setting phase, the executive has substantial autonomy. This paper, which compares the processes through which India?s negotiating agenda on agriculture and services were arrived at, focuses on negotiations, which were not initiated by the Indian executive but were mandated by the WTO. The very fact that the executive is responding to an international regime stirs up domestic political actors, including but not restricted to specific interest groups whose interests may be affected. India?s negotiating agenda in the two sectors were thus shaped simultaneously by international political and economic factors as well as domestic politics within India. Contrary to the literature?s finding that the executives prefer not to tie their hands, the Indian government made an explicit attempt to involve relevant stakeholders. The paper analyzes how such domestic-international interactions and the executive?s attempt at involving stakeholders have shaped India?s negotiating response and in process, suggests modifications in the two-level game framework.

Campos, Taiane. "Joining the Domestic and the International: Brazil and India in the Building Process of G-20" Paper presented at the annual meeting of the Political Research Online, Hilton San Francisco, SAN FRANCISCO, CA, USA, Mar 26, 2008 <Not Available>. 2009-04-17 <http://www.allacademic.com/meta/p253569_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: The aim of this paper is to analyze the factors that determined the position of Brazil and India in the G-20 formation. In order to do so, it will be analyzed a set of factors that determined the size of the win set of both countries. The focus lays on domestic political institutions as well as on the negotiation strategies of both countries in G-20. To be able to understand the G-20, we have to consider the diversity of the economic, social and political conditions that characterizes its members and, consequently, their interests. The Brazilian and Indian positions deserve special attention either because of their political performance as interlocutors of the group or because of their difference of interests in agricultural agenda in WTO.The initial supposition is that these two countries have divergent interests on the negotiation process of agricultural trade. It would be reasonable to think that India would automatically align with USA and EU in defending mechanisms to protect this sector, which would place India in an opposite side from Brazil. However, what we see is an alignment between them and the formation of a coalition against those other proposals. The question which guides this research concerns the factors that made possible the formation and maintenance of G-20 despite the apparent conflict of interest between Brazil and India. This research is structured within an analytical framework that seeks to combine the domestic and international factors in the understanding process of formal and informal international agreements structuring.

Mukherji, Rahul. "The Politics of the Shift to Foreign Investment Friendly Regulation: The Case of Indian Telecommunications" Paper presented at the annual meeting of the Political Research Online, Hilton San Francisco, SAN FRANCISCO, CA, USA, Mar 26, 2008 <Not Available>. 2009-04-17 <http://www.allacademic.com/meta/p251887_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: This paper explores the political economy of three significant policy decisions taken by the Congress – United Progressive Alliance (UPA) government between November 2005 and February 2006, which have improved the incentives for foreign investment in India’s telecommunications sector. This was a notable departure from the past when policies had clearly favoured domestic investment over foreign investment. The paper argues that these decisions occurred due to the increasing sensitivity of the Department of Telecommunications (DOT) to the needs of the relatively smaller Indian service providers, who were dependent on foreign capital. They were not driven by a crisis of investment or foreign pressure to change policies in India’s telecommunications sector. The paper challenges explanations for embracing globalization such as those based on economic crisis or those based on a clear technocratic consensus. The political economy of this shift to foreign investment friendly regulations in the telecommunications sector suggests that economic reforms in India can occur in normal times. They depended to a large extent on the nature of the political economy that the ruling party was willing to support.

Moore, Candice. "Multilateralism and Trilateralism in the IBSA Partnership: Tensions and Congruities" Paper presented at the annual meeting of the Political Research Online, Hilton San Francisco, SAN FRANCISCO, CA, USA, Mar 26, 2008 <Not Available>. 2009-04-17 <http://www.allacademic.com/meta/p251820_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: This paper seeks to examine the tensions between trilateralism and multilateralism in the IBSA partnership. While one of the stated goals of the partnership is multilateralism and the reform of the United Nations (IBSA Communique, 2005), the trilateral partnership that IBSA embodies appears antithetical to the representation of broader interests in each member’s region. This issue came to a head in the months preceding the debates on UN reform in September 2005, when India, Brazil and South Africa each voiced their interest in permanent representation on the UN Security Council, but failed to win the support of their regional neighbours. More recently, it is evident in the prominence of India and Brazil in exclusive trade talks with the EU and US to save the Doha Development Round. The paper draws on the middle power literature, which sees middle powers as committed to multilateralism, but problematises this commitment by considering the growing economic and strategic significance of these states. Trilateralism is not pursued to the exclusion of North-South links, as evidenced in Brazil’s and India’s increasing closeness to the US. It is thus not an alternative to robust North-South relations, as older forms of South-South solidarity (NAM and G-77) were portrayed. The paper concludes thus that the IBSA partnership is not a successor of older forms of South-South solidarity premised on multilateralism, but rather a vehicle for the development and increased levels of participation in international affairs of its three members.

Sinha, Aseema. "Change from Inside-Out or Outside-In? Trade Reform in India’s Closed Economy" Paper presented at the annual meeting of the Political Research Online, Hilton San Francisco, SAN FRANCISCO, CA, USA, Mar 26, 2008 <Not Available>. 2009-04-17 <http://www.allacademic.com/meta/p253177_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: What makes trade reform possible in a traditionally closed economy? Economic reform and structural adjustment have been global movements for more than a decade by now, yet trade reform remains one of the most difficult arenas of policy change in many developing countries. The distributional politics of trade, and the rise of protectionist pressures in the advanced countries of the world, have contributed to a backlash against serious trade reform in many countries. Despite countervailing pressures in favor of rising protectionism, India’s trade regime has undergone serious reform in the last decade, encompassing policy changes, outcomes, and institutional changes. During these years a party espousing economic nationalism and fear of the open economy has ruled the country. This empirical puzzle forms the starting point of this paper. I ask: how has trade reform been consolidated in a traditionally closed economy like India? I argue that crucial domestic societal changes are a necessary precondition for changes in state’s attitudes; yet, external forces may change the preferences of domestic forces, as well as change the balance of power among interest groups. These, new coalitions in favor of greater global integration, come into contact with a activated state; these intra-group/intra-class factors combine with state-class transformations to effect change in trade orientation and reform turning toward a global openness. This paper, thus, highlights important mechanisms through which global trade integration and institutions shaped the domestic politics of trade. The international trade institutions not only constrain behavior of domestic actors, but also constitute interests and identities of key domestic actors. Moreover, participation in global trade negotiations changes the preferences of some producers, and strengthens the hands of recently created, externally oriented, domestic producers by bringing them closer to the national-state actors and by encouraging collaborative strategies between business and state actors.

Alden, Christopher. and Vieira, Marco. "The New Diplomacy of the South: Brazil, South Africa, India and Trilateralism" Paper presented at the annual meeting of the Political Research Online, Hilton Hawaiian Village, Honolulu, Hawaii, Mar 05, 2005 <Not Available>. 2009-04-17 <http://www.allacademic.com/meta/p69301_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: The failure of the negotiations at the World Trade Organisation (WTO) ministerial in Cancun in September 2003 could well have marked a turning point in the emergence of a new post-Cold War paradigm. Indeed, while much has been made of the realist ‘world restored’ (or its converse) in the aftermath of 9/11, surely of greater significance is the reassertion of the South-North divide as a defining axis of the international system. In this context, the emergence of coterie of South countries actively challenging the position and assumptions of the leading states of the North is an especially significant event. What has been missing from most of the international accounts of the Cancun meeting and its repercussions is a recognition that the positions adopted there were part of a broader strategy formulated and implemented by key states within the South. This activism on the part of three middle income developing countries in particular – Brazil, South Africa and India – has resulted in the creation of a ‘trilateralist’ diplomatic partnership, itself a reflection of broader transformations across the developing world in the wake of globalisation. The establishment of this new diplomatic partnership of the South begs a number of questions about the states involved, the nature of their co-operation and its relationship to international system as a whole. Specifically: What are the motivations and dynamics of ‘trilateralist’ co-operation amongst these middle income developing states? What role does ideology play in this process? Given the uneven record of co-operation across the South and the growing economic diversity between developing countries, how sustainable is the ‘trilateralism’ initiative? This paper will examine the rise and promulgation of the co-operative strategy known as ‘trilateralism’ by regional leaders within the South. Specifically, it will first provide an overview of the theoretical approaches to the new regionalism and the South; secondly, it will review the domestic, regional, and international factors which have traditionally conditioned the foreign policies of Brazil, South Africa and India; thirdly it will investigate the formulation and implementation of ‘trilateralism’ as a initiative framed within the context of the new regionalism; and, finally, it will conclude with an analysis of the initiative’s prospects for success in the contemporary environment.

Kastner, Scott. "The Domestic Politics of Trade with Adversaries" Paper presented at the annual meeting of the ISA’s 49th ANNUAL CONVENTION, BRIDGING MULTIPLE DIVIDES, Hilton San Francisco, SAN FRANCISCO, CA, USA, Mar 26, 2008 Online <APPLICATION/PDF>. 2009-04-17 <http://www.allacademic.com/meta/p251262_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Many recent studies find that international political conflict—operationalized in a variety of ways—harms trade. Well-known cases help to underscore these general findings. For example, Cold War tensions helped to undermine East-West trade, and trade between India and Pakistan slowed sharply in the years after partition. On the other hand, however, trade between adversaries also appears to vary substantially across cases. Indeed, trade can sometimes flourish despite intense political rivalry. In the current relationship between mainland China and Taiwan, for example, China has become Taiwan’s largest trading partner despite persistent political tension across the Taiwan Strait.How can we explain variation in the extent to which states trade with their adversaries? Building on existing literature, I develop a framework through which to understand how domestic coalitions concerning trade with an adversary are likely to form. While some actors are likely to favor or oppose trade for purely economic reasons, those without a direct economic stake in the relationship are likely to focus more on the political and security consequences of trade with the adversary. In this framework, two variables emerge as central in determining a country’s trade policy with an adversary: the relative political strength of internationalist versus protectionist economic interests, and whether those concerned primarily with politics believe trade will have positive or negative political and security externalities. I use the framework to develop several testable hypotheses, and evaluate them via short case studies of three contemporary rivalries: China/Taiwan; India/Pakistan; and North Korea/South Korea

Campos, Taiane. and Las Casas, Luciana. "Similar roles, different strategies: Brazil, India and South Africa trade policies" Paper presented at the annual meeting of the ISA’s 50th ANNUAL CONVENTION "EXPLORING THE PAST, ANTICIPATING THE FUTURE", New York Marriott Marquis, NEW YORK CITY, NY, USA, Feb 15, 2009 Online <PDF>. 2009-04-17 <http://www.allacademic.com/meta/p313872_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: The trade policies of Brazil, India and South Africa have significant historical similarities: these countries are original WTO members; they adopted import-substitution industrialization; promoted neoliberal reforms; have been playing important roles in their regional contexts; and, more recently, they have also formed alliances and coalitions (IBSA, G20) in order to increase their capacity to influence the trade regime. At the same time, they are intensifying bilateral and regional ties which are different in scope and degrees of institutionalization. The result is that, despite of having similar roles which are derived from their status as middle powers, these three countries have developed different strategies concerning their trade policy. Therefore, the aim of this paper is to analyze comparatively the trade policies of Brazil, India and South Africa in the multilateral and regional environments. Our contention is that there are significant differences in their conduct on those two levels, in such a way that it is not possible to establish a fixed pattern of trade policy amongst middle powers, at least not amongst these three.

Sondhi, Sunil. "India’s big leap forward: Capacity and Preference" Paper presented at the annual meeting of the International Studies Association, Hilton Hawaiian Village, Honolulu, Hawaii, Mar 05, 2005 Online <.PDF>. 2009-04-17 <http://www.allacademic.com/meta/p70644_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: India has changed dramatically in recent years. This paper examines India’s winning strategies-liberalization, a focus on high technology, and its resolve to become a regional leader- as well as its challenges- the wide gap between its urban and rural populations, growing unemploymeny, and the challenge posed by extremist ideologies and organisations. It also considers the effects that India’s success has had both at home and abroad. India’s progress has unnerved some of its neighbours and trading partners. South Asian countries worry about India’s economic dominance, in the US concern has been mounting over loss of jobs in the service sector. India has tried to soften its neighbours concerns by spearheading regional free trade zone. It continues to signal its desire to integrate into the world economy by pursuing liberalization and encouraging trade. It is argued in this paper that an economically strengthened India will increasingly regard itself as a great ppower and expect more deference from other countries. There is little doubt that India’s emergence as an economic power will rank as one of the principal issues confronting world leaders in next few decades and that its role demands careful analysis.

Pigman, Geoffrey. "Economic and Security Convergence: Governments and Firms in U.S.-India Diplomacy from Super 301 to the 2002 Kashmir Crisis" Paper presented at the annual meeting of the International Studies Association, Le Centre Sheraton Hotel, Montreal, Quebec, Canada, Mar 17, 2004 Online <.PDF>. 2009-04-17 <http://www.allacademic.com/meta/p72364_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: U.S.-India economic relations evolved substantially between the 1989 Super 301 trade dispute and the 2002 India-Pakistan crisis over Kashmir. Traditional models of economic diplomacy focusing on the leading role of governments and their relevant ministries, in which business had a subordinate lobbying role in the decisionmaking process, could be used to describe the low-level U.S.-India economic and security relationship that prevailed in the 1980s. However, the conclusion of the GATT Uruguay Round, the technology boom of the 1990s and other structural factors have intensified the economic relationship between the two countries significantly. The attacks on New York, Washington and New Delhi in 2001 culminated a process of convergence of the two countries’ security interests. A complex network of diplomatic interactions between governments, U.S. and Indian global firms, and the U.S.-Indian business and cultural diaspora contributed to convincing the Indian Government to defuse tension with Pakistan in summer 2002. Understanding this process requires an updated model of economic diplomacy that incorporates the role of non-state actors, multiple channels of communication and integration of domestic and international politics. Neo-Gramscian notions of hegemonic power structures integrating political leadership, transnational capital and civil society contribute to explaining the exercise of power in these newer, complex business-government diplomatic networks

Brookes, Marissa. "Toward Transnationalism: Comparative Insights on Organized Labor’s Strategic Responses to Offshore Outsourcing in the Telecommunications Industry" Paper presented at the annual meeting of the Midwest Political Science Association 67th Annual National Conference, The Palmer House Hilton, Chicago, IL, <Not Available>. 2009-04-17 <http://www.allacademic.com/meta/p362173_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Why do some unions confront global capital through transnational action, while others act only nationally? I address this question through the lens of union responses to offshoring in the telecommunications industry in Australia, the US, and the UK. Union strategies vary both across and within these countries, despite their institutional similarities as liberal market economies. While some unions pursue solidaristic partnerships with their labor counterparts abroad, others restrict action to pressuring governments and mobilizing domestic coalitions. The joint project of the Communications Workers of America (U.S.) and the New Trade Union Initiative (India) contrasts sharply with the Communication Workers Union’s (UK) nationalist anti-offshoring campaign. Most other cases fall in between. For example, the Australian Services Union focuses on government action and consumer mobilization yet is actively involved in several Global Union Federations and international campaigns. I argue that this variation is due to three factors: the union’s ability to adjust to historical changes in the telecom industry; employers’ actions affecting unions’ mobilization of domestic coalitions; and the viability of potential labor partners abroad.

Mishra, Pramod. "China-India Bonhomie: A Harbinger of Multilateralism" Paper presented at the annual meeting of the International Studies Association, Hilton Hawaiian Village, Honolulu, Hawaii, Mar 05, 2005 Online <.PDF>. 2009-04-17 <http://www.allacademic.com/meta/p69909_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: CHINA-INDIA BONHOMIE: AN HARBINGER OF MULTILATERALISM By Dr Pramod Mishra Associate Professor in Politics, University of Delhi, New Delhi, India China and India have emerged as important global players at the dawn of the twentieth century. The former by discarding its isolationism and closed-door policy in the early 1980s took a number of corrective measures under Deng Xiaping’s stewardship and integrated its economy to the developed western world. As a result of that by the mid-1990s, China achieved a high growth rate of 9 to 10 per cent per annum. Its political process has not been an obstacle to the expansion of its diplomatic and commercial links with the rest of the world. In fact, its civil service has been surprisingly very resilient. India on the other hand has been a late starter to globalization and the restructuring of its hitherto mixed economy. Although the background to India’s modernization was provided by the Raja Gandhi government (1985-89), it was left to the Narasimha Rao government to integrate India to the global economy. The bold initiative taken by the-then Finance Minister Man Mohan Singh brought healthy dividends and India’s rate of growth remained steady at 7 to 8 per cent per annum during the 1990s. The NDA government headed by Atal Bihari Vajpayee has continued that initiative and as a result of that India at present maintains one of the highest growth rates in the world. The proposed paper will closely examine the nuances of mutual economic and political interactions between China and India. Although their present trade turnover is place at $5 billion only it has a potentiality to triple by the end of 2010. The leadership in both the countries have ignored the past decades of mistrust after a limited border war in 1962.It is quite possible that the two nations may amicably sort put their border demarcation problem and go ahead to make a concerted effort to establish a more democratic and humane world order. They can also systematically neutralize the unhealthy unilateralism which has heightened the global insecurity in various regions leading to immense sufferings to large part of humanity.

Moore, Candice. "Multilateralism and Trilateralism in the IBSA Partnership: Tensions and Congruities" Paper presented at the annual meeting of the ISA’s 49th ANNUAL CONVENTION, BRIDGING MULTIPLE DIVIDES, Hilton San Francisco, SAN FRANCISCO, CA, USA, Mar 26, 2008 <Not Available>. 2009-04-17 <http://www.allacademic.com/meta/p251820_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: This paper seeks to examine the tensions between trilateralism and multilateralism in the IBSA partnership. While one of the stated goals of the partnership is multilateralism and the reform of the United Nations (IBSA Communique, 2005), the trilateral partnership that IBSA embodies appears antithetical to the representation of broader interests in each member’s region. This issue came to a head in the months preceding the debates on UN reform in September 2005, when India, Brazil and South Africa each voiced their interest in permanent representation on the UN Security Council, but failed to win the support of their regional neighbours. More recently, it is evident in the prominence of India and Brazil in exclusive trade talks with the EU and US to save the Doha Development Round. The paper draws on the middle power literature, which sees middle powers as committed to multilateralism, but problematises this commitment by considering the growing economic and strategic significance of these states. Trilateralism is not pursued to the exclusion of North-South links, as evidenced in Brazil’s and India’s increasing closeness to the US. It is thus not an alternative to robust North-South relations, as older forms of South-South solidarity (NAM and G-77) were portrayed. The paper concludes thus that the IBSA partnership is not a successor of older forms of South-South solidarity premised on multilateralism, but rather a vehicle for the development and increased levels of participation in international affairs of its three members.

Turner, Robin. "Liberalization and Domestic Politics: The Case of Livestock Policy Reform in India" Paper presented at the annual meeting of the American Political Science Association, Hilton Chicago and the Palmer House Hilton, Chicago, IL, Sep 02, 2004 Online <.PDF>. 2009-04-17 <http://www.allacademic.com/meta/p59903_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: This paper explores the dynamics of livestock policy reforms in two Indian states, Andhra Pradesh and Orissa. Livestock policy reforms have been shaped by the intersection of domestic politics and power relations, international actors—especially foreign governments and development organizations, and international trade regimes. The international policy environment and global trade regime has set the context for India’s market-oriented reforms, but it is largely domestic political leaders, institutions, bureaucratic structures, and organized interests that have shaped the form and extent of reform in this sector. Marked differences in the reform trajectory of different livestock sectors in the neighboring states of Andhra Pradesh and Orissa show how domestic politics can shape the implementation of global reforms. This paper focuses on the politics of reform in the large ruminant (cattle, buffalo) and animal health and breeding subsectors.

Singh, J.P.. "Culture or Commerce? A Comparative Assessment of International Negotiations and Developing Countries at UNESCO and WTO" Paper presented at the annual meeting of the International Studies Association 48th Annual Convention, Hilton Chicago, CHICAGO, IL, USA, Feb 28, 2007 Online <APPLICATION/PDF>. 2009-04-17 <http://www.allacademic.com/meta/p178918_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: The proposed paper will depart from ominous warnings regarding globalization in arguing that international trade and cultural diversity can co-exist. The study will show that while negotiating trade issues, increasing international and domestic coalition building in cultural issues leads to preservation of policy autonomy for addressing cultural identity and diversity concerns. Two important international negotiations on cultural issues ? one at the World Trade Organization and the other in UNESCO — will be examined for empirical substantiation. A comparative assessment of the way these negotiations balanced culture and trade issues will be undertaken for a set of developed countries (particularly US and EU) followed by a set of developing countries representing those remaining fearful or confident of the impact of international trade on cultural diversity. Developing countries analyzed will be India, China, Mexico, Brazil, Argentina, Senegal, and South Africa. We would expect developed countries most likely to preserve cultural policy autonomy and the developing countries least likely to do so. The empirical evidence collected so far seems to show that depending on their coalition-building efforts, both sets of countries can preserve cultural policy autonomy.

Arnold, Caroline. "Late Industrialization in International Perspective: Historical Reflections on Turkish and Indian Industrialization" Paper presented at the annual meeting of the Midwest Political Science Association 67th Annual National Conference, The Palmer House Hilton, Chicago, IL, <Not Available>. 2009-04-17 <http://www.allacademic.com/meta/p363074_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: This claim is surprising given that India and Turkey are portrayed in both robust area studies and the wider development literatures as the prototypes of state-led industrialization. I argue that links between local industries and international markets have diverged to create three phases of industrialization in India and Turkey as technologies and the character of international trade and production have shifted. They have done so in ways that influenced the very patterns of capital accumulation and technological acquisition that are central to traditional accounts of late industrialization. Contra the entire lineage of development theorizing, from Gerschenkron to the developmental statists, that views the state as the defining factor in the character of national industrialization patterns, Turkish and Indian cities that industrialized in the same international and historical context exhibit greater similarities with each other than they do with other Turkish or Indian cases that industrialized at other times. This paper demonstrates that international factors, rather than the role of the national state, determined the sources of capital, role of technology, and the role of labor in Turkish and Indian industrialization.

Guisinger, Alexandra. "Who Liberalizes? Explaining Cross-Country Variations in Trade Protection Though International Networks" Paper presented at the annual meeting of the International Studies Association, Hilton Hawaiian Village, Honolulu, Hawaii, Mar 05, 2005 <Not Available>. 2009-04-17 <http://www.allacademic.com/meta/p71395_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Despite the theoretical benefits of zero-tariff trade and a recent trend towards trade protection liberalization, large cross-national variations in trade policy endure. What determines countries’ trade policy choices? Traditional comparative politics explanations have focused primarily on domestic determinants: the economic constraints faced by leaders as determined both by domestic resource endowments and previous policy choices and/or the effects of domestic political institutions (for example: Magee et al, 1989; Mansfield and Busch, 1993; Nielson, 2003). However, while support for such arguments is evident in studies of OECD behavior, they lack explanatory power for a broader class of countries (Guisinger, m.s. 2003). More recently, alternative explanations based on membership in the GATT/WTO have received at best inconclusive support (for example: Rose, forthcoming). Breaking from the traditional comparative research agenda on trade and its focus on decision-theoretic models, I posit a set of diffusion hypotheses in which a country’s decision to liberalize is conditioned on its network of trading partners and peers. Levels of protection at the country-wide level converge upon those of trading partners and of peers. Not only do these networks permit the identification of likely liberalizers and non-liberalizers, but also they allow more precise determination within these groups as to the source of a country’s behavior. Expanding upon previous quantitative analysis of the trade tariffs of 60 developing countries from 1988 to 1998 (Guisinger, m.s. 2003), four qualitative case studies drawn from this analysis are presented: Brazil, Argentina, India, and Nepal.

Herring, Ronald. "Politics of Transgenic Property in India: Biopiracy, Monopoly Power or Cottage Industry?" Paper presented at the annual meeting of the International Studies Association 48th Annual Convention, Hilton Chicago, CHICAGO, IL, USA, Feb 28, 2007 Online <PDF>. 2009-04-17 <http://www.allacademic.com/meta/p180347_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: The genomics revolution in biology has spawned a new politics, with strikingly similar themes from California to Gujarat. The spread of biotechnology internationally continues on an accelerating curve upwards. Developmental states in China, India and Brazil promote the technology to make their agriculture competitive with that of richer nations. Equally, resistance in an international civil society escalates with the increasing number of crops, acres and farmers involved with genetically engineered organisms. Property is one strand of this contentious politics. Trade-Related Intellectual Property Rights (TRIPS) have become a flash point of mobilization of civil society against corporate globalization. Concentration of property rights in powerful multinational firms with no incentive to find solutions to problems of poor farmers in poor countries and potential for monopoly profits at the expense of poor farmers both figure prominently in the critique of genetic engineering in developmental terms. Worse, appropriation of intellectual property in biota of the global South is held to threaten poor societies for the profit of firms in the global North. This paper explores the ground realities related to these political claims. It argues that the oppositional critique reifies intellectual property ? in the form of ?patents? ? in a way that has proved inconsistent with behavior of actors on the ground in India and other countries. Property is here conceptualized as a relationship between actors; the outcome cannot be derived logically but must be investigated empirically. In the absence of the much critiqued ?terminator technology,? reverse ?biopiracy? seems not only fairly easy to accomplish, but popular in farming communities. This move by farmers puts them in conflict, objectively, with some, but not all, NGOs that claim to represent their interests. The paper will discuss outcomes from a national case study in terms of differentiations of property that make sense theoretically, from hard to soft and from common to private. It will conclude with suggestions about what the divergence of interests between farmers and NGOs means for representation and political power in rural areas.

Sequeira, Vikrum. "IBSA, International Relations Theories, and Changes in the Global Architecture" Paper presented at the annual meeting of the Political Research Online, Palmer House Hotel, Hilton, Chicago, IL, Apr 03, 2008 <Not Available>. 2009-04-17 <http://www.allacademic.com/meta/p267593_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: In June 2003, India, Brazil, and South Africa inaugurated the IBSA Alliance, which aimed to become what South African President Thabo Mbeki hailed as a "G-8 of the South." The three nations would try to expand the permanent membership of the UN Security Council, modify the TRIPS laws, and impel the US and EU to eliminate agricultural subsidies. The countries also agreed to cooperate in agricultural research, IT, trade, and defense (among other issues). This paper asks four broad questions: 1. Can the paradigms of international relations (e.g., realism, pluralism, Marxism, etc.) explain the IBSA alliance? 2. Will IBSA be able to accomplish its stated goals? 3. Has the IBSA alliance modified the foreign policies of the participant states? 4. Is the creation of IBSA emblematic of a new global architecture? I argue that none of the IR paradigms alone can explain IBSA; IBSA may achieve success in its clearly stated goals but will be unsuccessful in its other goals; the alliance has slightly modified the countries’ foreign policies; the creation of IBSA does indeed represent a change in the world political-economic system.

Oliveira, Amancio. and Onuki, Janina. "South-South Cooperation: Coalitions and Multilateral Negotiations. The Case of IBSA (Brazil, India and South Africa)" Paper presented at the annual meeting of the Political Research Online, Town & Country Resort and Convention Center, San Diego, California, USA, Mar 22, 2006 <Not Available>. 2009-04-17 <http://www.allacademic.com/meta/p99910_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: The international coalition formation process has played a central role in the dynamics of multilateral and regional trade negotiations, particularly as concerns the outlook for the re-balance of central-peripheral forces of the international system. The reopening of a new round of multilateral negotiations, focusing precisely on new thematic challenges regarding international trade and routes to development, reintroduces the centrality of the role of South-South alliances.In practice, cooperative efforts of this nature are already making themselves felt with the formation of a series of coalitions, whereas emphasis must be placed on G-20 and G-3 (IBSA). The essential aspect to be retained is that, taking into consideration the dimension of the convergence of international business interests strictly speaking, the partnership between India and Brazil, at the starting point of efforts to build international coalitions, is clearly counterintuitive.With a basis on the Compared Foreign Policy Analysis, the objective of this paper is to contribute towards a more comprehensive understanding of the bases (domestic and international) of the formation of international coalitions, of the South-South type in the new context of the multilateral agenda. A comparative matrix will be built as an analytical instrument. Based on databased with variables, the compared analysis of these variables will permit the itemization of vectors of convergence and divergence among the countries capable of indicating the stability and effectiveness of the coalition.

de Mello Souza, André. "Global Governance, Developing Countries and Advocacy Networks: The Struggle over Pharmaceutical Patent Rights" Paper presented at the annual meeting of the Political Research Online, Hilton San Francisco, SAN FRANCISCO, CA, USA, Mar 26, 2008 <Not Available>. 2009-04-17 <http://www.allacademic.com/meta/p251818_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has challenged developing countries in issue-areas as diverse and important as public health and agriculture. Most notably, these countries have often contended that patents block access to essential medicines, and opposed strict rules of patentability for genetic resources which encourage biopiracy and fail to protect traditional knowledge. Whereas developing countries have become increasingly assertive in multilateral forums, their capacity to successfully negotiate with the countries that champion intellectual property protection and especially the US has varied considerably across issue-areas. Developing countries have succeeded in amending TRIPS to allow greater international trade of patented medicines, but have failed to resist the patenting of genetic resources and to create effective rules for benefit sharing. The paper argues that the negotiating capacity of developing countries with regard to pharmaceutical patent rights has been largely determined by the strength of their alliances with transnational advocacy networks, as well as by these networks’ strategic use of science and human rights discourse. Field work has been conducted in South Africa, Brazil and India as well as in Geneva, consisting mostly of interviews with government officials, company executives and representatives of the non-governmental sector, as well as analysis of policy documents.

Kastner, Scott. "How International Conflict Affects Commerce: Domestic Interests and Institutions as Intervening Variables" Paper presented at the annual meeting of the Political Research Online, Hilton Chicago and the Palmer House Hilton, Chicago, IL, Sep 02, 2004 <Not Available>. 2009-04-17 <http://www.allacademic.com/meta/p61628_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Limited commercial integration between India and Pakistan, or within much of the Middle East, suggests that conflicting political interests between countries can have a detrimental effect on their economic relations. Indeed, a number of empirical studies have shown that tension or conflict between countries tends to be associated with lower levels of commerce. Yet rapidly growing economic ties between Mainland China and Taiwan shows that commerce can also flourish even in the presence of severe political tension and a potential for military conflict. In this paper, I develop an argument that accounts for variation in the relationship between conflict and commerce. Defining conflict as the level of underlying preference dissimilarity between countries, I argue that conflict’s effects on trade are contingent on the types of governing coalitions and political institutions within the states enmeshed in a conflictual relationship. Specifically, if free-trade interests are relatively strong politically, the independent effects of conflict on trade are less severe; conflict’s effects on trade are also less severe when conflict involves at least one democracy. I test my argument quantitatively on a large sample over the years 1960-1992, and find robust support for my hypotheses.

Biermann, Frank. and Sohn, Hans-Dieter. "Multipolar Global Governance: India and East Asia as New Partners for Europe" Paper presented at the annual meeting of the Political Research Online, Le Centre Sheraton Hotel, Montreal, Quebec, Canada, Mar 17, 2004 <Not Available>. 2009-04-17 <http://www.allacademic.com/meta/p74421_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Whereas European foreign policy used to be defined through the alliance with the United States, it is now clear that this one-sided orientation is no longer sufficient. This is especially the case for global environmental governance, where Europe stands in most negotiations, almost by default, against the United States. The core examples are the almost universally recognised biodiversity convention of 1992, its Cartagena protocol on safety in the trade of genetically modified organisms, the Basel agreement on the transboundary shipment of hazardous waste and their disposal, and, most crucially, the Kyoto protocol to the UN framework convention on climate change. All these agreements have been rejected by the United States of America. In this situation, we argue that if Europe wants to make progress in environmental and other issue areas, it needs new and stable alliances, in addition to the old transatlantic linkage. We will direct attention towards possible partners in Asia and primarily address the great powers of Asia: Japan, China and, in particular, the world’s largest democracy, India. We argue for a twofold strategy. Internally, Europe must unite more strongly. The old Kissinger question still has to be answered: which phone number does the US president—or the prime minister of India—have to call if he or she wants to get Europe’s opinion? The European Union must improve the coherence of its foreign policy, primarily through becoming further communitised. The office of a EU president could take joint responsibility for foreign and security policy in the medium term. Externally, Europe needs to reform its foreign policy and rethink well-trodden paths. This applies in particular to redefining the traditional North-South antagonism in international negotiations, which hardly corresponds any longer to the reality of the international system in many policy areas. New international partnerships between the European Union and the large Southern democracies could redress the traditional confrontation between the group of Western industrialised countries and the ‘Group of 77′, possibly pointing out solutions if global governance projects should threaten to fail because of unilateral rejection by the USA. The political drifting apart of the ‘First World’, the dissolution of the ‘Second World’ and the political, economic and social differentiation of the ‘Third World’ thus offer scope for the recharting of world politics. The development of a multilateral global governance structure requires a strong global alliance of democratic players: many recent environmental treaties—but also the international criminal court, the anti-landmine treaty and other examples—show that Europe and the Bush administration often no longer act together but rather against each other. The European Union must therefore look for other partners—to complement rather than replace the United States of America. We argue that increased dialogue and more intensive political co-operation on the part of Europe with the world’s biggest democracy, India, could be one element of such a reorientation.

Wolfe, Robert. "Power and Institutional Structure in Global Governance: The Changing Dynamics of Agricultural Trade Negotiations" Paper presented at the annual meeting of the Political Research Online, Town & Country Resort and Convention Center, San Diego, California, USA, Mar 22, 2006 <Not Available>. 2009-04-17 <http://www.allacademic.com/meta/p98022_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: This paper will present work from a larger project on institutional dynamics and power in the WTO based on an analysis of the evolution of the negotiating process on agriculture since the Tokyo Round. I am selecting for variation on aspects of process, expecting to see variation in outcome. When we are interested in processes more than structures, qualitative case studies can be more useful than large n statistical studies. I propose to use the ?method of difference? to examine a set of apparently similar cases in which key aspects of the process differ to see if the outcomes differ. The outcome variable will assessments in the press, the academic and policy literature, and participant interviews, of the success or failure of the agriculture component of successive GATT and WTO ministerial meetings. The explanatory variables are A) institutional structure (nature of the committee structure, repertoire of formal and informal techniques used by the chair to build consensus) and B) the nature and role of negotiating coalitions that reflect different constellations of material interests and diplomatic skill. The role of coalitions in the trading system appears to be changing with the emergence of the G-20 group of leading developing countries interested in agriculture. Regional groups of developing countries, and the LDC group, now coordinate among Geneva ambassadors, they have ministerial meetings, and since Cancun they are working together at ministerial level as the G-90 grouping of the African, ACP, and Least-developed countries. And there are separate groups for agriculture including the Cairns Group (exporters), and the G-10 and the G-33 of developed and developing importers. At the heart of the negotiations on agriculture is a ?non-group? (because not like-minded) of ?Five Interested Parties?, EU, USA, Brazil, India and Australia. Can we explain outcomes on the basis of process or the power of the leading participants?

Saksena, Jyotika. "International Organizations and Erosion of State Sovereignty" Paper presented at the annual meeting of the ISA’s 49th ANNUAL CONVENTION, BRIDGING MULTIPLE DIVIDES, Hilton San Francisco, SAN FRANCISCO, CA, USA, Mar 26, 2008 <Not Available>. 2009-04-17 <http://www.allacademic.com/meta/p251222_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Since the end of the Second World War, the international system has seen the multiplication of international organizations that have made inter-state cooperation a sustainable reality. In doing so states have agreed to give up part of their decision-making authority to international organizations leading to a growing concern that in the process states are losing their sovereignty, namely their right to make decisions on behalf of their people. This paper uses John Ruggie’s definition of sovereignty, defined as “the institutionalization of public authority within mutually exclusive jurisdictional domains”. This study will attempt an examination of the impact of international organizations in eroding state sovereignty. After an initial discussion of what constitutes a loss of sovereignty, the study will focus on the impact of a specific international organization – the WTO – in eroding state sovereignty. Finally, in order to achieve a comparative dimension, the study will investigate the impact on the state at two levels – great/super power level and middle power level by examining the response of the United States and India to the dictates of the WTO.

Sinha, Aseema. "Global Trade Rules and India: Modifying Putnam?s Two-Level Framework" Paper presented at the annual meeting of the International Studies Association 48th Annual Convention, Hilton Chicago, CHICAGO, IL, USA, Feb 28, 2007 <Not Available>. 2009-04-17 <http://www.allacademic.com/meta/p180081_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Putnam outlined a powerful metaphor for understanding domestic-international interactions in his two-level framework. In his analysis domestic politics drives international negotiations. Negotiators must make their international actions consistent with domestic support and policy: leaders respond to international obligation to the extent that these commitments are domestically viable. Aseema Sinha offers a modification to this framework in two important respects. First, she shows how the specific negotiation structure of the international context shapes the domestic win set. Global rules need to be disaggregated and their variable effects analyzed more carefully than has been done from within the terms of the two-level model. Further, India?s experience with GATT and WTO offers the opportunity to exploit within case variation across time to analyze how global rules of the game affect and change domestic imperatives and interests.

Souza, Manoela. "India’s Accession to TRIPS: The IP Legislation Reform (2005) and its Reflections on India’s Foreign Policy on HIV/AIDS Matters" Paper presented at the annual meeting of the ISA’s 49th ANNUAL CONVENTION, BRIDGING MULTIPLE DIVIDES, Hilton San Francisco, SAN FRANCISCO, CA, USA, Mar 26, 2008 Online <APPLICATION/PDF>. 2009-04-17 <http://www.allacademic.com/meta/p252134_index.html>

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: This paper will discuss the relevance of India’s accession to the TRIPS-mandated regime for its foreign policy on HIV/AIDS matters. This study will investigate whether the formal accession to WTO’s norms regarding patents, through 2005’s third amendment, eventually brought about a new background for its foreign policy on HIV/AIDS. With concern for Doha’s flexibilities, this work intends to show how India’s pharma industry and local/global activism might have influenced, respectively, a watershed on the country’s advocacy on international health (especially with regard to anti-retroviral drugs).

The US Customs and Border Protection Agency issues annual statistics on IPR seizures. These are goods that are sought to be exported to the United States but are seized by the US customs for IPR infringement.   The latest figures available are for the year 2008. In 2008, exports from China accounted for 81% of all IPR seizures. India came next with 6%, followed  by Hong Kong at 5% and Korea at 1%.  

In 2007, IPR seizures of Indian exports were less than 1%, with China, Hong Kong, Pakistan, United Kingdom, Egypt, and Korea leading in that order.

The 2008 IPR seizures for goods exported from India were valued at 16,258,368 USD. Pharmaceutical seizures accounted for 99% of this total. Seizures of pharmaceuticals from China were only 5% of total seizures from China.

The annual statistics can be accessed here. 

See Gupta, Surupa. "The Institutional Basis of India?s Defensive Position on Agricultural Trade Policy" Paper presented at the annual meeting of the International Studies Association 48th Annual Convention, Hilton Chicago, CHICAGO, IL, USA, Feb 28, 2007 <Not Available>. 2009-02-04 http://www.allacademic.com/meta/p181265_index.html

Here is the abstract:

This paper analyzes trade policymaking in India in the context of the ongoing negotiations on trade in agriculture at the WTO. During the past decade, the overall direction of India’s trade policy has become more liberal. However, India’s position on liberalization of trade in agriculture at multilateral trade negotiations is dominated by its defensive/protectionist interests expressed in terms of a focus on livelihood security rather than its aggressive/liberal interests in gaining market access. This presents a puzzle for existing trade theory which would expect India’s farm trade policy to be more liberal, given that about 80% of India’s farm prices are globally competitive. This paper adopts an institutional perspective, and argues that the policy is ultimately a product of the existing domestic agricultural policies and the new consultative trade policy-making apparatus. Reform of existing policies has proved difficult and the Ministry of Agriculture resists liberalization because it sees itself primarily as a protector of farmers’ interests. At the same time, the government has changed the institutions for making trade policy since 1998, giving the protectionist Ministry of Agriculture greater voice in decisions at the expense of the Ministry of Commerce and Industry. The former has often vetoed more liberal positions advocated by the Commerce Ministry. The Parliament, unlike in the west, plays a minor role in setting the tone of the policy since its ratification is not required. Moreover, although in India’s federal system state governments could have used their power to shape policy, they have not organized politically to press for liberalization, instead supporting the protectionist views espoused by the agriculture ministry.This paper also shows that conventional institution-based explanations of trade policy, mainly based on the US and West European experience, need to be modified when being applied to developing countries like India. For example, institutional theories suggest an association between democracies and liberal trade policies, but this case shows that democracies can sometimes be more protectionist. Discussions of the role of bureaucracies focus on the relation between bureaucratic autonomy and trade liberalization. However, some relevant bureaucracies are not autonomous, and some autonomous bureaucracies may not support liberalization. This research suggests that bureaucracies should not be treated as unitary actors.

The latest issue of the Journal of World Trade has an India-related article on an unusual topic. It examines the use of poor Indian women as surrogate mothers by rich Americans from a GATS perspective. The abstract is below. Haven’t read the paper yet but do plan to do so, and will comment on it here. My instinctive and non-academic preliminary response was some discomfort with the treatment of this issue from a trade law perspective. Wouldn’t a human rights or health framework be more appropriate for regulation in this area both in the US (the so-called service consumer) as well as in India (the so-called service-provider). Is gestational surrogacy a GATS “service”?

Here is the abstract:

Christina Stephenson, ‘Reproductive Outsourcing to India: WTO Obligations in the Absence of US National Legislation’ (2009) 43 Journal of World Trade pp. 189-208

Summary:

This article examines the World Trade Organization (WTO) obligations that inhere from US persons or couples contracting with Indian women for gestational surrogacy. Surrogacy contracts are considered in the context of the General Agreement on Tariffs and Trade (GATT) and the differing laws on surrogacy of different US states. By exploring WTO Appellate Body (AB), Panel and GATT Panel decisions, this article endeavors to determine what WTO obligations bind the US in circumstance of cross–border surrogacy contract. This article addresses how the varying state laws on surrogacy affect the WTO obligations of the US in market access, national treatment and most–favoured–nation (MFN) treatment. The article concludes that there are a variety of ways in which the different state laws have the capacity to violate US trade commitments in relation to international surrogacy contracts. In addition, the analysis serves to illuminate the process under which US trade obligations can be scrutinized to determine what commitments are relevant to a service not contemplated in the US Schedule.

Update:

Am still to read this article for the WTO angle, but a recent Indian Supreme Court decision seems to throw a child’s rights mantle over surrogacy at least in Indian domestic law.

Last year, a child was born to an Indian surrogate mother from Japanese parents. The Japanese couple separated and when the child was born, neither parent was in India except of course the natural birth mother.

A public interest habeas corpus petition was filed in the Rajasthan High Court. Eventually, the matter reached the Supreme Court when the Japanese grandmother filed a petition. The Supreme Court gave its decision on 29 September 2008. The decision is available at http://judis.nic.in/supremecourt/helddis.aspx

The Court in effect allowed the baby to leave India with the Japanese grandmother. It did this by stating that any concerns relating to the rights of the baby should be raised before the commission constituted under the Commissions for Protection of Child Rights Act, 2005, and noted that no complaint had been made before this Commission. The Supreme Court also went on to state that the surrogacy procedure "is legal in several countries including in India where due to excellent medical infrastructure, high international demand and ready availability of poor surrogates it is reaching industry proportions".

I find this Supreme Court decision very unsatisfactory. The Court was keen to let the baby leave India (which I don’t have an issue with), but it seems to have laid down the law here (that surrogacy is legal) in the absence of legislation and while a bill was pending before Parliament on the same issue. (See the Assisted Reproductive Technology (Regulation) Bill 2008.)

The Court also abdicated its constitutional responsibility to protect fundamental rights of a child by suggesting that the appropriate forum was the Commission under the Commissions for Protection of Child Rights Act, 2005.

Well, this whole surrogacy issue raises questions of citizenship, which mother’s name will go on the birth certificate under Indian law, immigration, reproductive rights, and child rights. Not too sure of the trade angle.

India’s insistence on an adequate special safeguard mechanism for agriculture is widely viewed as one of the contributing factors to the failure of the July framework talks in 2008.  Indian trade Minister Kamal Nath often describes India’s position on agriculture, including its demands for reduction in agri-subsidies by the developed world,  as a question of livelihood (and not of business) on which India cannot compromise.

What interests me is the connection between farmer suicides in India and the formulation of Indian trade policy on agriculture and the formulation of India’s Doha round negotiating position on agriculture. News reports in India about the Doha agricultural negotiations and Mr Nath’s various speeches do not directly refer to the spate of farmer suicides in India. Indeed, the political discourse in India itself (as visible in news publications) has not remained consistently engaged with this issue. Small periods of noisy outrage exist between longer periods where the issue is almost absent from the mainstream political discourse.

Though the numbers on these farmer suicides are disputed, yet even allowing for these variations, the figures are high enough to warrant a serious political impact and to expect an engaged political discussion. One would also expect that the issue would seep into agricultural trade policy issues and into Indian demands and sensitivities in the Doha round. (For example see my previous post about India wanting to be included in cotton subsidy talks – surely farmer suicides by cotton farmers in India show the serious impact of cotton subsidies for India and justify its inclusion. But I would suppose the emerging India story makes it embarrassing for the Government to flaunt this issue on the international stage).

Are farmer suicides an issue in the coming national elections? At least not in the English national press.   

So what are the facts? Where is the academic and policy research on these issues? Where are the domestic consultations with farmers groups over India’s position at Doha?

I plan to keep an eye out for what I come across on this and will post about what I find on this blog. But for the moment, the following would be of interest:

A March 2008 paper by Nagaraj of the Madras Institute of Development Studies titled ‘Farmers’ Suicides in India: Magnitudes, Trends and Spatial Patterns’, available online here  estimates that between 1997 and 2006, 166,304 farmers have killed themselves in India. For 1995-2006, the figure is close to 200,000. An average of 16,000 farmers have committed suicide in India every year for the last 12 years. The author considers even these figures an underestimation of the full extent of farmer suicides. Farmers without a property title to their farmlands are not included in the official definition of a farmer in some Indian states. The rate of suicides has shown an increase over the years. The farmers who have killed themselves are overwhelmingly male as per official figures. Female farmer suicides are most likely not counted as most female farmers would not have title to the land. Maharashtra, Karnataka, Andhra Pradesh,  Chhatisgarh and Madhya Pradesh are the top five states with the most farmer suicides. These are five contiguous states in the India heartland.

While India is now touted as a fast-growing booming economy (or at least was until the recent global recession), it is also undergoing a serious agrarian crisis. What is the link between farmer suicides and India’s agrarian crisis? The paper by Nagaraj points to a multi-causal explanation behind farmer suicides. He describes these as a social phenomenon certainly linked to India’s widespread and persistent farm crisis coupled with pre-existing conditions of vulnerability and an absence of alternative livelihood opportunities. Nagaraj dismisses sporadic, disjointed and single-point policy interventions and suggests that the crisis needs comprehensive policy intervention and a complete reorientation of agrarian policies. So where is the research on what should be India’s agricultural trade policy in the context of these suicides? 

Also see the Final Report on Causes of Farmer Suicides submitted to the Mumbai High Court from 2005 by the Tata Institute of Social Sciences.

Leaves me wondering who is accountable for these large number of deaths?

For more see this Counterpunch story, this New York Times story

The sixth round of India-EU FTA negotiations in New Delhi has Indian NGOs demanding access to “secret” FTA negotiating texts. The Times of India reports that protestors were detained outside the office of the European Commission in New Delhi. A body called the Forum on FTAs (described elsewhere as an umbrella group of 75 organizations) is spearheading these Indian civil society protests. An entity called FTA Watch-India has sprung up recently.

While I cannot comment specifically on the demands of this group in the EU-India FTA context, a discussion on how India makes its trade policy and whether it adequately consults with domestic stakeholders in formulating negotiating positions is much needed. Domestic stakeholders who ought to be consulted include not only NGOs, but also parliament, business, labor unions, farmers groups and consumers. Not much literature is available on the Indian trade policy-making process. There is however an interesting paper by Biswajit Dhar on this in a publication by IISD available here.  See Biswajit Dhar and Murali Kallummal, “Trade policy off the hook: The making of Indian trade policy since the Uruguay Round”, in Halle and Wolfe (eds.) Process Matters: Sustainable Development and Domestic Trade Transparency, IISD 2007.

I had earlier posted on a news report on the low appetite in India these days for new FTA commitments given imminent elections and the domestic impact of the global economic downturn. An Economic Times story shows that the concerns about the EU-India negotiations are not limited to civil society, but also emanate from business and agricultural economic interests.

Speaking to ET last week, a commerce ministry official sought to allay the growing concerns in domestic circles over the proposed India-EU economic agreement. “There are strong complementarities between the EU and India. After all, we have not yet reached the stage of making the trade-offs and so the fears being expressed now are unfounded,” said the official, who was busy preparing for the sixth round of India-EU bilateral talks beginning Tuesday.
This, however, could be an over-simplistic view. There is clearly a need for greater involvement of all stakeholders in the negotiation process. The high-level trade group which had drawn the broad contours of the agreement was not representative enough.
The EU is India’s largest trading partner, accounting for a fifth of India’s total trade and also one of the largest sources of foreign investment in India. As opposed to this, India currently accounts for less than 2% of the EU’s total trade.
Clearly, as things stand now, India has much to lose (or gain) from the agreement as compared to the EU. Note that the agreement would cover a gamut of areas—trade in goods and services, IPRs, cross-border investments, competition policy, government procurement etc. So India’s policymakers ought to be more chary of the proposed pact than their European counterparts. There is a need for more transparency as well as greater involvement of all stakeholders in the negotiations.
Going by the high-level group’s report, India might need to go WTO-plus in the area of trade in goods, with no commensurate reciprocal gestures from the EU side. The agreement would, as things stand now, allow India to keep just 10% of the tariff lines—which include both agricultural and industrial goods—outside its scope.
It may be noted that India has been resisting the multilateral (WTO) trade liberalisation deal even as it did not have to cut tariffs on 5%f agricultural tariff lines and only make less-than-average reductions in another 7%, and looked close to getting the freedom to keep 5% of industrial tariff lines outside tariff reduction formula. Besides, India has already got preferential (zero) access to EU in case of several tariff lines under the GSP system, which reduces the scope for India to gain in terms of reduction in tariff barriers by the EU.

I found an extremely interesting paper on SSRN on this topic that examines the historical relationship between trading institutions and religious violence in India.

See  Jha, Saumitra,Trade, Institutions and Religious Tolerance: Evidence from India (January 10, 2008). Stanford University Graduate School of Business Research Paper No. 2004. Available at SSRN: http://ssrn.com/abstract=948734. The full-text is available for download.

Jha examined the prevalence of Hindu-Muslim religious riots in India during the period 1850 –1950 and found that trading ports had 25% less religious riots than other Indian towns. He also found that trading ports in Gujarat dating back to medival times, were less afflicted by the 2002 Gujarat riots. Jha explains this difference as due to the persistence of institutional mechanisms that developed to support inter-religious medieval trade. These institutions encouraged specialization, inter-ethnic complementarity, and the mitigation of incentives for ethnic violence by allowing the gains from inter-ethnic trade to be shared between religious groups. Mechanisms for sharing the gains from trade included joint ventures, voluntary provision of public goods and direct inter-group transfers.

Jha’s paper demonstrates the effects of social institutions in preserving social capital  and draws attention to how policy interventions are required for trade to contribute to peace.  It provides a good example of John Ruggie’s “embedded liberalism” idea, the need for trade liberalization to be embedded in the social community. 

The USTR has released its 2009 Trade Policy Agenda and 2008 Annual Report (these can be accessed here) and the section on India would be of interest to this blog’s readers. This is extracted below: 

5. India

a. General

The United States and India completed another year of active dialogue on trade policy in 2008. The bilateral trade agenda continued to expand to support the significant opportunities for bilateral trade and investment that U.S. and Indian companies are pursuing. The Civil Nuclear Agreement signed on October 10, 2008, opens the door even wider for U.S. exports to help India meet its tremendous energy needs. That said, many challenges to trade and investment in India persist, and USTR continued to work with the Indian government to address such concerns as India’s tariff and tax regime, intellectual property rights policies, investment climate and regulatory hurdles. India continues to limit market access in various sectors through non-tariff barriers such as high border taxes and tariffs, foreign direct investment caps, non-transparent procedures, and discriminatory treatment of imports. Despite these barriers, trade expanded rapidly. In 2008, bilateral goods trade totaled $45 billion. Bilateral services trade totaled $19 billion in 2007.

b. Trade Dialogue

Ambassador Schwab and India’s Minister of Commerce and Industry Kamal Nath convened the fifth ministerial-level meeting of the United States-India Trade Policy Forum (TPF) in February 2008 in Chicago, Illinois. The discussions under the TPF cover bilateral trade, investment and related issues and also address multilateral issues such as the ongoing WTO Doha Round negotiations. The TPF is part of the overall Economic Dialogue between India and the United States. Through regular dialogue under the TPF, the United States and India seek to remove impediments to bilateral trade and investment by anticipating potential trade problems and jointly resolving concerns.

The TPF serves as the umbrella for five Focus Groups: Agriculture, Tariff and Non-Tariff Barriers, Services, Investment, and Innovation and Creativity (focusing on intellectual property rights issues). Ongoing Focus Group discussions in 2008 addressed priority issues such as foreign direct investment caps, intellectual property rights protection and enforcement, restrictive Indian telecommunications policies and market access for a wide range of manufactured and agricultural products and services. Noteworthy developments in 2008 included the agreement to launch negotiations on a bilateral investment treaty and India’s withdrawal of certain import restrictions on fresh fruit.

Another development in the 2008 bilateral U.S.-India trade dialogue was the Private Sector Advisory Group’s (PSAG) identification of key policy issues on which it would provide strategic recommendations and insights to the TPF. The membership of the PSAG includes trade experts and representatives of private sector organizations in the United States and India with in-depth knowledge of international economic and trade policy. The PSAG identified completion of a bilateral investment treaty as its top recommendation.

In addition to the February 2008 TPF meeting, Ambassador Schwab and Minister Nath met a number of times in the context of the Doha Round negotiations in an effort to find common ground in the pursuit of an ambitious outcome.

With regard to intellectual property rights, the United States has been working constructively with India to improve its IPR regime. The U.S. dialogue with India takes place through the TPF’s Focus Group on Innovation and Creativity, the Commerce Department-led High-Technology Cooperation Group, and work by the U.S. Government’s Intellectual Property attaché stationed in New Delhi and other government officials from multiple U.S. Government agencies. There has been some progress in India’s protection of intellectual property rights, including through the introduction of the proposed Drugs and Cosmetics (Amendment) Bill 2008 that will increase penalties for spurious and adulterated pharmaceuticals, and create a Customs recordation system. However, India still needs to improve its copyright regime to address issues related to protection of digital works on the Internet, strengthen its patent regime, including by clarifying the scope of patentable subject matter, provide effective data protection for pharmaceutical and agricultural chemicals, and increase enforcement against piracy and counterfeiting.