What are the key areas of reform if the World Trade Organization (WTO) has to remain relevant in the present context of rising protectionism and trade wars?
Main Body
WTO was formed in 1995 or ensure fairer and equitable trade relations between nations.
Yet PM has not been able to perform its mandate.
Key issues & WTO => needs reform
1. Disproportional appellate structure
2. Agricultural stockholding - No permanent solution for subsidy to developing nations (Amber Box - India's suit)
3. E-commerce moratorium - an customs - offer the developing nations due to loss of revenues
4. Non-functional MFN - most-favoured nation cheated due to - ResTree ETA's - bilateral treats.
5. Differential principle - not adhered to.
6. USA-Tariff War => impacted global trade
7. Sanitizing and phyto-sanitizing - measures used as non-tariff barriers
8. Offence manages in levels
9. Precautionary policies - like EU's CARM tincture an costs to pregnant developing states
To resolve these issues, WTO need -
1. Restructure of voting share
2. Inclusive leadership
3. Political will to take action
"Institutions of law century cannot-cover to demands of 21st century" - thus WTO 2.0 is required.
Basic structure doctrine is a judicial innovation under the Kesavananda Bharati case (1973) when provided a middle path between parliament authority & constitutional supremacy.
[Diagram showing structure:]
Acting as a Balancing compass:
1. Fetters legislation tyranny & By introducing judicial review.
2. Core ideas of constitutions remain inviolate and cannot be taken away.
3. Substantive justice.
4. S.R. Bomma's - Federalism as Basic structure, cannot repeal any federal trait goes against state interest.
5. Introduces judicial (flexibility) to interpret law.
6. PFRN and substance doctrine over Rule & law
7. Substantive justice.
8. S.R. Bomma's - Federalism as Basic structure, cannot repeal any federal trait goes against state interest.
9. Broadens the (compatibility) b/w legislature and judiciary.
10. Upholds separation of power with checks & balances.
11. Ensures autonomy and accountability.
12. Recently, co-operative amendment art (CAA CAA) stuck down as against federalism.
13. Broadens the scope & fundamental rights and duties.
14. Article 21 - broad interpretation protection - privacy
Undocumented and thus open to interpretation.
Threat of judicial overreach (NTAC legal).
Raises parliamentary autonomy it indifined status quo.
Executive over-ride - as not legal in nature, only recommendations.
Way Ahead:
As recommended by Justice N.V. Rammura & Basic structure doctine must be (documented) to present misuse or overweighting of any arm state of re-saw.
As B.R. Ambedkar said, constitution is as good as the people who executes them.
Conclusion
Institutions of law century cannot-cover to demands of 21st century - thus WTO 2.0 is required. As B.R. Ambedkar said, constitution is as good as the people who executes them.
30 words
Diagram
Simple diagram showing the middle path (madhyam marg) between Sovereignty and Legislature
DEEKSHA CHOURASIYA
International Institutions, Agencies and Fora - Structure and Mandate
WTO Reforms
WTO Relevance and Reform Areas
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Total words
27
Paragraphs
2
Bullets
analytical
Tone