Semester 9
Semester 9
Semester 9
Semester: IX
Modules: 8
The Course is a foundational course on International Trade Law. It will familiarize the students with
the normative framework of the General Agreement on Trade and Tariffs (GATT) 1994 and the
Marrakesh Agreement Establishing the World Trade Organization. It will also discuss the relevant case
laws and engage with the academic commentary which has developed in the implementation and
interpretation of these documents. The students will also get introduced to the Dispute Settlement
Mechanism and its current challenges. Further there will be a brief introduction to some of the Special
agreements which came into the force when World Trade Organization (WTO) was formed.
▪ Live Lectures
▪ Power Point presentations
▪ Use of Audio/Video available online
▪ Discussion
Evaluation Criteria
Module I
Readings
a. Most Favoured Nation Concept under General Agreement on Tariffs and Trade,
1994(GATT) Article I:1, GATT 1994
Cases
Readings
b. National Treatment under General Agreement on Tariffs and Trade, 1994 (GATT)
Article III, GATT 1994(a) (Article III:1, Article III:2, Article III: IV, Article III: VIII)
Cases
▪ Andrew Mitchell and Tania Voon: ‘Regulating Tobacco Flavours: Implications of WTO
Law’
▪ Prof. John Jackson: World Trade and the Law of GATT
▪ Simon Lester and Bryan Mercurio with Arwel Davies and Kara Leitner: World Trade
Law; Text, Materials and Commentary.
▪ Petros C Mayroidis: Trade in Goods, The GATT and other WTO Agreements Regulating
Trade in Goods
▪ Prof Raj Bhalla: Modern GATT Law, A Treatise on the General Agreement on Tariffs
and Trade
▪ Alex Davis: ‘The Schochu Conundrum: Economics and GATT Artice III’
Module III
Readings
Readings
▪ Sheri Rosenow and Brian J. O’Shea: A Handbook on the WTO Customs Valuation
Agreement
Module IV
Cases:
Readings:
▪ William J. Long. The U.S. -Japan Semi-Conductor Dispute: Implications for U.S. Trade
Policy, Volume 13/Issue 1, Maryland Journal of International Law (1988).
▪ Impact on India of Tariff and Quantitative Restrictions under WTO, Bishwanath Goldar,
Working Paper No. 172, Indian Council for Research on International Economic Relations,
November 2005
▪ Non – tariff Barriers Affecting India’s Exports, Rajesh Mehta, Research and Information
System for the Non-Aligned and the Other Developing Countries, June 2005
▪ Non – Tariff Measures to Trade: Economic and Policy Issues for Developing Countries,
Developing Countries in International Trade Studies, United Nations Conference on Trade
and Development (UNCTAD), United Nations 2013
▪ Non-Tariff Barriers to Trade: Case Study of India vis a vis EC, Japan and USA, Madanmohan
Ghosh, April 1994, MPhil Dissertation to Jawahar Lal Nehru University, New Delhi.
▪ Non-Tariffs Barriers in the Transport and Logistics Sectors: India, Arpita Mukherjee & Smita
Miglani, August 2010, Research Report, European Business and Technology Centre
▪ Trade Politics and the Semi-Conductor Industry, Doughlas A. Irwin, Working Paper No. 475,
National Bureau of Economic Research (NBER) Working Paper Series, May 1994
Module V
Cases
▪ Canada -measures Relating to Exports of Wheat and Treatment of Imported Grain, Panel
Report, 2004 and AB Report 2004
▪ Canada-Administrative of the Foreign Investment Review Act, Panel Report, 1984
▪ Japan Restrictions on Imports of Certain Agricultural Products, Panel Report, 1988
Readings
▪ China’s Trade Development Strategy and Trade Policy Reforms: Overview and Prospect,
Sheng Bin, April 2015, International Institute for Sustainable Development, Nankai
University
▪ State Trading and Non-Market Economies, John H. Jackson, International Lawyer, Vol
23, No. 4, 1989.
Module VI
Cases
▪ The Appellate Body Rulings in the Shrimp/Turtle Case: A New Legal Baseline for the Trade
and Environment Debate, Robert Howse, Columbia Journal of Environmental Law, Vol 27:2,
2002
▪ Bilateralism under the World Trade Organization, Y.S. Lee, Northwestern Journal of
International Law & Business, Volume 26, Issue 2, 2006
▪ The WTO Impact on Internal Regulations- A Case Study of the Canada-EC Asbestos Dispute,
Robert Howse and Elizabeth Tuerk, Chapter 12, WTO Impact of International Regulations
▪ Free Trade and the Environment- Can NAFTA Reconcile the Irreconcilable? James E. Bailey,
American University International Law Review, Volume 8, Issue 4, 1993
▪ GATT and the Environment: Reconciling Liberal Trade Policies with Environmental
Preservation, David M. Parks, Journal of Environmental Law, Vol 15,1996
▪ The Judicial Resolution of Conflicts Between Trade and Environment, John H.Knox, Harvard
Environmental Law Review, Volume 28,2004
▪ Multilateral Failure: A Comprehensive Analysis of the Shrimp/Turtle Decision, Marc
Rietvelt, Ind. Int’l & Comp. L. Rev. , Volume 15.3, 2005
▪ Bradley J.Condon, Reconciling Trade and Environment: A Legal Analysis of European and
North American Approaches, 8 Cardozo J. Inl’l & Comp.L. 1, 26(2000)
▪ Revisiting the WTO Shrimps Case in the Light of Current Climate Protectionism: A
Developing Country Perspective, Dr Pallavi Kishore, Journal of Energy and Environmental
Law, Winter 2012
▪ The Next Generation of Trade and Environment Conflicts: The Rise of Green Industrial
Policy, Mark Wu & James Salzan, Northwestern University Law Review,108:401, 2014
▪ The Seduction of the Appellate Body: Shrimp/Sea Turtle I and II and the Proper Role of
States in WTO Governance, J Patrick Kelly, Cornell International Law Journal, Volume 38,
2005
▪ The Shrimp – Turtle Case: Implications for Article XX of GATT and the Trade and
Environment Debate, Bruce Neuling, Loyola of Los Angeles International and Comparative
Law Review, Volume 22, 1999
▪ The World Trade Organization Appellate Body-United States v. Venezuela: Interpreting the
Preamble of Article XX-Are Possibilities for Environmental Protection under Article XX(g)
of GATT Disappearing, Hans J. Crosby, Vill.Environment law Journal, volume 9,1998
Module VII
Cases
Link
▪ Law P12 M-14. Dispute Settlement under the WTO, ePG Pathshala
Reading
Module VIII
a. Agreement on Agriculture
b. Agreement on the Application of Sanitary and Phytosanitary Measures
c. Agreement on Technical Barriers to Trade
d. Agreement on Trade Related Investment Measures
e. Agreement on Subsidies and Countervailing Measures
f. General Agreement on Trade in Services
g. Agreement on Trade Related Aspects of Intellectual Property Rights
Readings
▪ The WTO Agreements, The Marrakesh Agreement Establishing the World Trade
Organization and its Annexes, Cambridge University Press
▪ The World Trade Organization: Law, Practice and Policy, By Mitsuo Matsushita,Thomas J
Schoenbaum, Oxford International Law Library,2015
▪ The Oxford Handbook on The World Trade Organization, Edited by Amrita Narlikar, Martin
Daunton, Robert M. Stern, Oxford University Press,2012
Links
▪ Different Agreements of WTO and its impact on Indian Economy, Vidya-mitra, E-pathshala
▪ Law P12 M-17. The Agreement on Agriculture, e-PG Pathshala
▪ Law P12 M-09. The anti-dumping agreement under the WTO, e-PG Pathshala
▪ Law P12 M-22. The General Agreement on Trade in Services-PG Pathshala
▪ Law p12 M-10 Agreement on subsidies and countervailing measures, e-PG Pathshala
▪ Law P12 M-18 Trade Related Investment Measures (TRIMS), e-PG Pathshala
▪ Law P12 M-19 Technical Barriers to Trade, e-PG Pathshala
▪ Law P12-M-20 Agreement on sanitary and phytosanitary measures, e-PG Pathshala
▪ Law P12 M-23 The agreement on trade related aspects of intellectual property rights, e-PG
pathshala
Required Readings:
Recommended Readings:
▪ Peter Van den Bossche, Zdouc, Werner, The Law and Policy of the World Trade
Organization: Text, Cases and Materials, Cambridge University Press.4th Edition.
▪ Hoekman, B and Kostecki, M. 1995, The Political Economy of the World Trading System:
From GATT to WTO, Oxford University Press
▪ The World Trade Organization: Law, Practice and Policy, By Mitsuo Matsushita, Thomas J
Schoenbaum, Oxford International Law Library,2015
▪ The Oxford Handbook on The World Trade Organization, Edited by Amrita Narlikar, Martin
Daunton, Robert M. Stern, Oxford University Press,2012
▪ The Oxford Handbook of the Political Economy of International Trade (Oxford University
Press), Edited by Lisa L. Martin, 2015
▪ Making Rules in the WTO: Free or Managed Trade? Surendra Bhandari, Rose Books, 2012
▪ WTO: Past, Present and Future-The Political perspective, World Trade Organization
▪ Talking Disputes: The India-Solar Cells Disputes, ICTSD
▪ Law P12 M-01. Introduction to International Trade Law, e-PG Pathshala
▪ M-18, WTO Regime and Environment-PG Pathshala
▪ What Trade and environment negotiations agenda for the WTO? Peterson Institute for
International Economics.
▪ The Common Law of International Trade and the Future of the WTO, Centre for International
Governance Innovation.
▪ Short Online Content
➢ EconClips
➢ Crash Course
➢ Marginal Revolution University
➢ The Economist
Limitations
Being a foundational Course with reduced number of hours this coursewill not give the instructors
the time and space to engage in the many WTO agreements in detail and the evolving jurisprudence
around them. This can be done by introducing an International Trade LawII Course. Also, we can
have more seminars/elective courses so that more interdisciplinary and critical approaches to the
course can be taught.
Note: The Sources/Books/Reading above is not exhaustive. During the course students are
provided cases, articles and reference through mail.
August-December 2022
Course Outline
Judicial Process & Interpretation of Statutes
Prof. (Dr.) Ritu Gupta
Page 1 of 5
Aims & Objectives
The objective of this course is to study the nature, evolution and role of the
judges in the Judicial Process using the essential attributes of law as an
instrument in establishing order, delivering Justice, enforcing the rights of the
people and to bring about social changes.
The main focus will be on the institutional structure and the role of Indian
courts at the lower level by setting the facts and applying the law to the facts.
Further, the role of the High Courts and Hon’ble Supreme Court of India in the
realm of judicial remedies, judicial creativity by way of interpretation and
judicial law making would be discussed at length.
The development of Public Interest Litigation (PIL) and the expanding territory
of the judicial process will be specially dealt with in the course.
Interpretation of Statutes is one path of Judicial Process. The power to enact law
is with the legislature but the power to declare ‘What the Law is,’ lies with
Judiciary. The principles evolved by the Judiciary while interpreting various
laws is part of the study of this course.
Page 2 of 5
A. Judicial Process
Module 1: Introduction
1.1 Nature of Judicial Process
1.2 Judicial Process as an instrument of social ordering
1.3 Judicial Process and Creativity in law; Techniques of Judicial
creativity and precedent
1.4 Legal developments and creativity through legal reasoning
B. Interpretation of Statutes
Page 3 of 5
i. The General Clauses Act, 1897
ii. Definition clauses in various legislations
4.1The Function of the court is to interpret the law and not to legislate.
Page 4 of 5
e) Non obstatnte clause
Suggested Books
Page 5 of 5
National Law University, Delhi
Clinic III: Legal Aid and Services
1. Objective of course
The Objective of the course is firstly, to teach the students how to bridge the gap between the
law and the society by conducting legal aid camps (both offline and online) and by providing
legal aid services. Secondly, the purpose is also to inculcate a spirit of social involvement in
the students while utilizing the legal knowledge they have amassed through these years and the
skills gained through various internships, in a socially relevant manner in actual field situations.
Thirdly, the objective of the course is also to develop a proactive role amongst the law students
for doing legal empowerment by performing legal aid services in a more responsive manner to
ensure that the needs of the poor, vulnerable and other marginalised communities, such as,
Children, Women, Elderly People (Senior Citizens), Disabled Persons, etc. are fulfilled. The
Course is customised while keeping in mind, the prevailing pandemic situation. There are
various issues which affect these vulnerable communities, but, in the present times, it is the
health which has affected them, the most. And therefore, Human Rights Clinic is looking after
the health law issues. The other clinics are offered by Prof. Anju Tyagi and Bharti Kumar along
with Dr. Risham Garg and Dr. Sushila.
Reference Material:
1. S. Muralidhar, Law, Poverty And Legal Aid: Access To Criminal Justice, First Edition,
(2004, Lexis Nexus Butterworths).
2. Rebecca L. Sandefur (ed.), Access to Justice, (2009, Emrald).
3. N R Madhava Menon, Clinical Legal Education, (2011, Eastern Book Company).
4. Ved Kumari, “Legal Aid Clinics in Law School: Ensuring Sustainability and
Professionalism, Legal Aid- Catalyst for Social Change, (2012, University of Delhi).
5. Frank S. Bloch, Global Clinical Movement, (2011, Oxford University Press, 2011).
6. Upendra Baxi, “Why Legal Literacy” Towards Legal Literacy in Kamala Sankaran & U.K.
Singh (ed.), An Introduction to Law in India, (2008, OUP India).
Teaching-Learning Methodology:
Method of Evaluation:
(i) Project : 40
(ii) Court Diary/Assessment Report/Survey Report : 30
(iii) Literacy Material : 25
Total : 95