WTO’s engagement with National Law: three illustrations from India
نویسندگان
چکیده
The WTO has significantly engaged with Indian law in at least three contexts covering covered agreements. In the first case, executive’s instructions were not accepted as corroborative of India’s compliance on ground that these created “a certain degree legal insecurity” and devoid “sound basis” under law. On second occasion, did accept impact statement an official Statutory Order evidence obligation despite fact had corroborated exercise legislative discretion. And, finally, it was found immaterial for whether executive or legislature internalizes domesticates international but a sufficient normativity bindingness purposes admissibly affording affirmative defence took action pursuant to instruments. Thus, while engagements are without discernible contribution its jurisprudence engagement national law, would be hard say they wholly comparable measures divergence discernibly pointing progressive doctrinal deference state.
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ژورنال
عنوان ژورنال: Revista de Direito Internacional
سال: 2022
ISSN: ['2237-1036', '2236-997X']
DOI: https://doi.org/10.5102/rdi.v18i3.7780