DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

LUCKNOW
2016-2017

INTERNATIONAL TRADE LAW ROUGH DRAFT

TRADE ASPECTS UNDER WTO: THE WORLD TRADE ORGANISATION AND THE
SHRINKING OF DEVELOPMENT SPACE

SUBMITTED TO:
MS. KIRTI SINGH
ASSISSTANT PROFESSOR
DEPARTMENT OF LAW, DR. RMLNLU, LUCKNOW
SUBMITTED BY:
NIDA FATIMA
ROLL NO. 78
SEMESTER VII, B.A.LL.B.(HONS.)

RESEARCH METHODOLOGY
The research methodology adopted in this project is doctrinal legal research. Primary sources are
referred for data collection, such as,books, legislations, cases or judgments given by Supreme
Court. This project involves non-empirical study.Various secondary sources had also been used.
They include journals, newspaper articles, opinions of experts and e-resources.
STATEMENT OF PROBLEM
The project attempts to show how the main international agreements from the Uruguay Round
TRIPS, TRIMS and GATS systematically tip the playing field against developing countries.
The agreements do not do for developing countries what their sponsors, the G7 states (Group of
Seven major economies), say they will do.
HYPOTHESIS

even if protection and other forms of industrial policy could be justified in some
circumstances, developing country states do not have the capacity to implement it

effectively.
There is a need for non-market measures of intervention and for refocusing international
cooperation around development principles rather than reciprocity and no distortions
principles.

AIM AND OBJECTIVES

It will examine the effects of international interventions promoting democratic reform,

human rights and market competition on the conflict management capacity and production and
distributional systems of existing polities.

The project analyses how communities have responded to crisis, and the incentives and

moral frameworks that have led either toward violent or non-violent outcomes.
It will be examined what kinds of formal and informal institutional arrangements poor
communities have constructed to deal with economic survival and local order.

LIMITATION
The project goes on to the extent of local, national and global levels drive to assess assess how
constellations of power at these levels process institutional change. It limits to how the three
agreements, in the name of motherhood principles like reciprocity and no distortions, outlines
some needed changes in the way we think about development and in the role of multilateral
organizations.
SOURCES
Primary Sources
Legislations and Statutes

The TRIPS Agreement i.e. Annex 1C of the Marrakesh Agreement Establishing the World
Trade Organization

Books

NgaireWoods, Holding intergovernmental institutions to account, Ethics and

International Affairs, 17, 1, 2003, pp.69-80

Robert Wade, Governing the Market, Princeton, NJ: Princeton University Press, 1990

(reprinted 2003), pp.268-269

Mari Pangestu, Industrial policy and developing countries, in Development, Trade and
the WTO: A Handbook , World Bank, 2002. (accessed from
http://unctad.org/en/Docs/itcdtab7_en.pdf)

Secondary sources
Journals and Newspaper Articles

Wade, Robert & Veneroso, Frank, The gathering world slump and the battle over capital

controls, New Left Review, 231, September-October 1998, pp.13-42

The KCTU proposal, document presented at KCTU-FKTU meeting with US Treasury

Secretary Rubin, 1 July 1998.

Jane DArista, Reforming international financial architecture, Challenge 43, 3, MayJune 2000, pp.44-82; Journal of Human Development, 1, 1, February 2000, pp.145-158

Henry Bruton, A reconsideration of import substitution, Journal of Economic Literature,

36 (2), June 1998, pp.903-936

Elhanan Helpman, Innovation, imitation, and intellectual property rights, Econometrica,

61, 6 November, 1993, pp.1247-1280

Washington Post (editorial), Open up the WTO, reprinted in International Herald
Tribune, 23 December 2002

Reports

World Bank, Private Capital Flows to Developing Countries: The Road To Financial

Integration, A World Bank Policy Research Report, April 1997

World Bank, Intellectual property: balancing incentives with competitive access,

Global Economic Prospects 2002, Washington DC: World Bank, 2002

James Putzel, Governance and HIV/AIDS: Institutionalising an Emergency Response in
Uganda and Senegal, draft report to the Department for International Development,
Government of the United Kingdom, March 2003

Articles

Aileen Kwa, Power politics in the WTO, Focus on the Global South, Chulalongkorn

University, Bangkok, November 2002.

Kenneth Shadlen; Patents and public health: developing countries and the WTO,

November 2002
Chakravarthi Raghavan, Developing Countries and Services Trade: Chasing A Black Cat

in a Dark Room, Blindfolded, Penang: Third World Network, 2002

Andrew Rose, Do we really know that the WTO increases trade?, CEPR Discussion
Paper 3538, 2002.

TENTATIVE CHAPTERISATION
1. Introduction
2. The TRIPS agreement
i.
TRIPS economic handicaps
ii.
TRIPS political handicaps
iii.
Tightening the Noose: Doha and Brazil
3. The TRIMS agreement
4. The GATS agreement
5. The road ahead: What needs to be done?

6. Rearticulating articulation
7. Conclusion: Retooling multilateral and economic organisations
The chapters are dealt in detail in the final draft
ABSTRACT
The world is experiencing a surge of international regulations aimed at limiting the development
policy options of developing country governments. Of the three big agreements coming out of
the Uruguay Round on investment measures (TRIMS), trade in services (GATS), and
intellectual property rights (TRIPS) the first two limit the authority of developing country
governments to constrain the choices of companies operating or hoping to operate in their
territory, while the third requires the governments to enforce rigorous property rights of foreign
(generally Western) firms in the face of theft by domestic firms. Together the agreements make
comprehensively illegal many of the industrial policy instruments used in the successful East
Asian developers to nurture their own firms, industries and technological capacities. They are
likely to lock in the position of Western countries at the top of the world hierarchy of wealth. The
paper describes how the three agreements, in the name of motherhood principles like
reciprocity and no distortions, constitute a modern version of Friedrich Lists kicking away
the ladder. It then outlines some needed changes in the way we think about development and in
the role of multilateral organizations. It concludes that the practical prospects for change along
these lines are slender, but not negligible.