Discussion Papers

DISCUSSION PAPER NO. 1
India joining the ICSID: Is it a valid debate?

By Dr. James J. Nedumpara And Aditya Laddha

Forthcoming in transnational dispute management: Special issue on international commercial and investment disputes in and with India.

11/2017
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DISCUSSION PAPER NO. 2
China long march to market economy status

By Dr. James J. Nedumpara And Archana Subramanian

Study of the Expiry of Section 15 of the Protocol of Accession and the Treatment of China in Anti-Dumping Proceedings

06/2018
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DISCUSSION PAPER NO. 3
The Proposed Investment Facilitation Agreement at the WTO

By James J. Nedumpara and Sandeep Thomas Chandy

A study understanding the invisible elements of Brazil’s proposal.

07/2018
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DISCUSSION PAPER NO. 4
Domestic Regulation and Visa Regime: An Unsustainable Interaction

By Shiny Pradeep and Sunanda Tewari Discussion

This paper analyses whether certain visa administrative procedures can be streamlined according to the domestic regulation disciplines enshrined under the Article VI:4 of GATS.

06/2019
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DISCUSSION PAPER NO. 5
Rules of Origin in Services: The Nationality Conundrum

By Aparna Bhattacharya and Sparsha Janardhan

This paper attempts to examine different means to identify the nationality of the service or service supplier in the international trading system and to highlight the deficiencies in the rules of origin in services trade.

06/2019
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DISCUSSION PAPER NO. 6
The Crisis in the WTO Appellate Body: Implicationsfor India and the Multilateral Trading System

By James J. Nedumpara andPrakhar Bhardwaj

This paper briefly describes the real and purported causes of the current stalemate regarding appointments to the WTO Appellate Body and seeks to examine its implications for India.

03/2019
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DISCUSSION PAPER NO. 7
Government Procurement: A Multilateral Perspective into Goods and Services Trade *

Sandeep Thomas Chandy and Anupal Dasgupta

A large proportion of the WTO membership is not a party to the Plurilateral Agreement on Government Procurement. Accordingly, procurements by these Members is governed by the General Agreement on Tariffs and Trade, as modified by multilateral agreements like the TRIMS, SCM Agreement and the GATS.

04/2019
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DISCUSSION PAPER NO. 8
FDI IN INDIA: A BIRD’S EYE VIEW

James J. Nedumpara and Akshaya Venkataraman

The article highlights the various contemporary issues in India’s foreign investment laws, identifies the relationship between BITs and FDI inflow, and traces, through case law, the rationale behind India’s current position on BITs.

03/2020
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DISCUSSION PAPER NO. 9
DIRECTOR GENERAL OF THE WTO: THE PAST, PRESENT AND FUTURE

James J. Nedumpara, Rishabha Meena and Siddharth S. Aatreya

This discussion paper analyses the WTO legal framework on the role of the DG, and makes a comparative assessment of the demographic and qualifications-based markers for the appointment of the next Director-General.

08/2020
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DISCUSSION PAPER NO. 10
CTIL Study & WTO Chairs Programme Background Paper on Gender Mainstreaming in Preferential Trade Agreements: An Examination of the Evolution of Gender Dynamics in International

James J. Nedumpara, Sreelakshmi S. Kurup and Rishabha Meena

Preferential Trade Agreements (PTAs) have evolved from being primarily concerned with trade issues to addressing non-trade issues. Apart from focusing on issues like trade in goods, services, and intellectual property-related issues, modern PTAs, especially north-south PTAs, also focus on non-trade issues like labour, environment, gender, and anti-corruption. Earlier, gender issues were generally addressed as part of other chapters. Now, PTAs contain a standalone chapter that solely focuses on gender issues. The nature of obligations concerning gender-related issues is generally in the form of cooperation and dialogues. Barring the Canada-Israel Free Trade Agreement, gender chapters across PTAs mostly remain outside the scope of the dispute settlement mechanism established under the trade agreements. The inclusion of gender issues in PTAs is aimed at furthering the objective of inclusive trade as well as meeting the targets of the United Nations Sustainable Development Goal (UNSDGs) on Gender Equality. Against this background, this Working Paper undertakes a cross-country analysis of how gender issues are addressed at the WTO and in bilateral or regional trade negotiations. In particular, the Working Paper explores, first, the concept of gender mainstreaming in international trade; and second, provides an evaluation of how gender dynamics is played out in PTAs from the perspective of UNSDG 5 – Gender Equality. Additionally, the paper also highlights some of the challenges which deserve increased attention in the discourse of trade and gender in international trade.

08/2023
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