Indian Corporations, the Administrative State, and the Rise of Indian Trade Remedies

Wu, Mark

doi:10.1017/9781316585207.021

Cited by 2 publications

(5 citation statements)

References 22 publications

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“…They also filed 56 writs before the State High Courts and 25 writs before the Supreme Court of India (Jha 2013, 291). The Indian Supreme Court alone issued eighteen decisions on antidumping cases between 2000 and 2006, “more than any other Supreme Court in the world,” and invalidated a number of the antidumping directorate's practices (Wu : 28). Law gradually and increasingly encroached on administrative discretion.…”

Section: Indian Lawyers In Transnational Legal Ordering and The New Dmentioning

confidence: 99%

“…The participating law firms have ranged from India's largest, Armachand Mangaldas, which has around 600 lawyers, to boutique specialized firms. Pallavi Shroff, the wife of Armachand Mangaldas’ lead senior partner, developed its practice that was among the first in India (Wu : 22). She is the daughter of P.N.…”

Section: Indian Lawyers In Transnational Legal Ordering and The New Dmentioning

confidence: 99%

“…These rules can be used by firms and industries for purely protectionist purposes, but they also offer safety valves that can “provide Indian corporations with the “breathing space” to become competitive” (Wu ). They thus, at least in theory, can also be used by states to advance industrial policy objectives (Amsden ), including in response to other state's actions (Moore and Wu 2015).…”

Section: Indian Lawyers In Transnational Legal Ordering and The New Dmentioning

confidence: 99%

“…They thus, at least in theory, can also be used by states to advance industrial policy objectives (Amsden ), including in response to other state's actions (Moore and Wu 2015). Mark Wu () shows, for example, how such policies worked regarding the Indian telecommunications equipment company M/s Sterlite Industries. After an antidumping award, it became one of the 10 fastest growing Indian technology companies and a leading exporter of optical fibers.…”

Section: Indian Lawyers In Transnational Legal Ordering and The New Dmentioning

confidence: 99%

“…It rather indigenized its antidumping law in the context of WTO rules by simplifying them compared to U.S. practices, such as by adopting a lesser duty rule (a variant also used in the E.U.) that is easier to calculate (Wu ). Today, India actively participates in negotiations involving antidumping law.…”

Section: Indian Lawyers In Transnational Legal Ordering and The New Dmentioning

confidence: 99%

See 4 more Smart Citations

State Transformation and the Role of Lawyers: The WTO, India, and Transnational Legal Ordering

Shaffer¹,

Nedumpara²,

Sinha

2015

Law Soc Rev

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This article explains the impact of India's engagement with the law of the World Trade Organization (WTO) on both the Indian state and on the WTO itself. In each case, it explains the role of Indian lawyers within the larger transnational context. In engaging with globalization and the WTO, India has transformed itself. The Indian state has moved toward a new developmental state model involving a stronger emphasis on trade, greater government transparency, and the development of public-private coordination mechanisms in which the government plays a steering role. The analysis shows that it has done so not as an autonomous policy choice, but rather in light of the global context in which the WTO and WTO law form an integral part. Reciprocally, the article displays the ways that India has built legal capacity to attempt to shape the construction, interpretation, and practice of the trade legal order. Indian private lawyers play increasing roles, although they remain on tap, not on top.Thi s article looks simultaneously at the Indian state in the context of the World Trade Organization (WTO), and at the WTO in the context of India. In each case, we explain the new role of Indian lawyers. The normative stakes are significant: how does a large developing country become not only a rule taker but also a rule shaper in a transnational legal order (TLO), including to preserve its policy space. The theoretical stakes are equally important and are twofold: first, what is the impact of the trade legal order on the Indian state; and second, how autonomous is the WTO, including from Indian influence?First, unlike those who contend that the world is moving toward a postnational order where the state has been weakened (Strange 1996), we show that the enmeshment of India in Please direct all correspondence to Gregory Shaffer,

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Section: Indian Lawyers In Transnational Legal Ordering and The New Dmentioning

confidence: 99%

Section: Indian Lawyers In Transnational Legal Ordering and The New Dmentioning

confidence: 99%

Section: Indian Lawyers In Transnational Legal Ordering and The New Dmentioning

confidence: 99%

Section: Indian Lawyers In Transnational Legal Ordering and The New Dmentioning

confidence: 99%

Section: Indian Lawyers In Transnational Legal Ordering and The New Dmentioning

confidence: 99%

See 3 more Smart Citations

State Transformation and the Role of Lawyers: The WTO, India, and Transnational Legal Ordering

Shaffer¹,

Nedumpara²,

Sinha

2015

Law Soc Rev

View full text Add to dashboard Cite

show abstract

India: An Emerging Giant’s Transformation and Its Implications

Shaffer

2021

Emerging Powers and the World Trading System

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Indian Corporations, the Administrative State, and the Rise of Indian Trade Remedies

Cited by 2 publications

References 22 publications

State Transformation and the Role of Lawyers: The WTO, India, and Transnational Legal Ordering

State Transformation and the Role of Lawyers: The WTO, India, and Transnational Legal Ordering

India: An Emerging Giant’s Transformation and Its Implications

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