(ii) GATS :( General Agreement on Trade in Services) 19
Structure of GATS: 20
(I) Legal services: 20
(2) Health Services and Social Services: 21
(3)Computer Related Services: 22
(4) Education and Trading Services: 23
Compulsory Licensing: 24
Transition Period: 25
Turmeric Case 26
The Basmati case 27
SETTLEMENT OF DISPUTE 29
Appointment of Panel 29
Remedies under Dispute Resolution: changes required - 34
Most Favor Nation Treatment 36
MFN for product: 37
Exception to MFN: 19-04-05 38
National Treatment 40
Regional Arrangements / Free Trade Agreements. 44
Some worldwide RTAs 45
Anti-Dumping Measures 46
Counterveiling Measures 46
Anti-dumping and India 47
Dumping Margin 48
Agreement on Agriculture : 50
Agreement on Textile and Clothing 52
Textiles Monitoring Body . 53
India and ATC 54
(i)HISTORY – 55
Paris Convention 57
Articles XIII to XXX deal with the organization and its administration.Paris Convention and India 58
Patent Cooperation Treaty 59
(iv) Secretariat: 59
(v) Structure: 60
What is a domain Name? 60
WIPO domain name 61
Dispute Resolution under the DNS 61
OECD (Organization for Economic Cooperation andDevelopment) 67
The work of the OECD 70
ICSID ( International Center for Settlement of Investment Disputes) 71
(a) History: 75
(b) Composition: 75
(c) Conventions: 75
Foreign Investment 77
Role of Foreign Investment 78
Common law countries: - English Law 82
French Legal system: - 82
NIEO (New International Economic Order) 89
NIEO –meaning 89
UNCTAD (UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT) 93
International Law 95
Nature and scope of International Law: - 95
Public International Law and Private International Law 97
International Court of Justice: 101
Relationships between International Law and Municipal Law 102
International Monetary Fund (IMF) 110
IMF activities 111
World Bank 112
Guiding principle in lending operations 112
Importance of World Bank in India 113
Funding for World Bank 114
International Development Association (IDA) 115
IDA’s History 115
IDA’s Mission 116
IDA's Borrowers 116
International Finance Corporation 118
Dr. APJ Abdul Kalam’s Speech in Hyderabad 121
Appendix I 126
Relevant News 127
India enters product patent regime Saturday 129
The Patent (Amendment) Ordinance 2004 131
This book is dedicated to my Gurus
Shri B.E. Avhad Sir, Shri S.E. Avhad Sir,
Shri H.P. Deshmukh Sir and Shri Sharad Ghatpande Sir
“Sarve bhavantu sukhinah, Sarve santu niramayah,
Sarve bhadrani pashyantu, Ma kaschid dukhabhagbhaavet” May all be happy; May all be healthy; May all see good things;
Let none beget sorrow.
Firstly, I would like to express my deep gratitude towards the ‘Almighty’ as his power has carried me till this stage. I am very happy to take this opportunity to thank my family members for providing moral support throughout my studies, more specifically my Mother, Father and Uncle’s contribution in my life is beyond measure.
I would like to give my thank to all my Gurus, especially Advocate S.E Avhad, Advocate B.E. Avhad, Prof. H.P. Deshmukh and all my teachers since my school, as all of them taught me the key to survival in this beautiful world that ‘living for others is the beauty of life’
This book is the creation of inspiration given by Hon’ble President Dr. A.P.J Abdul Kalam, when I met him in Raj Bhavan atPune on 28th May 2003 and expressed uneasiness with respect to development in GATT especially lack of awareness of it in education field then this humble man and source of inspiration directed me “Excel in your work and that itself is contribution to the National Development”. This book is nothing but the outcome of his direction.
I remain indebted forever to Shri Rajaram Retawade Sir, (Rtd Judge), and Mrs. Devayani Mungali, Principal, BG Academy, for the valuable time they had spent to read this book and give important suggestions.
I cannot express my gratitude in words for my dearest friends Anand and Girish because of whom I got an opportunity to study abroad. I am also very thankful to my dear friend Jaydeep Deo for his unforgettable and invaluable help during my abroad study.
I would like to give my thanks to all my friends Rajesh, Raja, Prashant, Adv. Shriram Pingale, Abhijit and all of my student friends, Shivaji Indalkar, Achutrao Karad, Prasad Sapte, Baban Mohakar, Sanket Kulkarni, , Kaumudi Mishra, Saugat, Prashant, Vinod, Chaitanya, and Ramesh Chikate, without their help this book would not have been completed, I would say this book is nothing but the outcome of team work,
I would also like to thanks the Principals of the following institutes, Symbiosis International Education Centre, Pune, International Institute of Information Technology, Hinjawadi and Bharati Vidyapeeth for giving me an opportunity to interact with law and management students. Shri Avinash Dharmadikari gave me my first opportunity as a lecturer; hence I cannot forget his help. My special thanks also goes to the parents of my friends because of their blessing I completed this piece of work. My special thanks also goes to Shri Mukund Rao and ‘Shram Seva Nyas’, who gave me an opportunity to attend the WTO’s Cancun Ministerial Conference at Mexico in September 2003.
I am very pleased to mention invaluable and encouraging guidance of Col. G.S. Munagli ( Rtd) CEO of Venkateshwara Hatcheries, , Shri . V Kumar , Shri Dr. BS Chopra and Shri Vijay Gaikwad
I would like to express my most favorable thanks to Ms. Mandani Madam, Mr. Gopinath Munde and Mr Balaji Rao from Venkateshwra Hatcheries for their great help for my UK Master’s study.
Lastly I am greatful to the publisher and his assistants especially Mr. Sachin for memorable help in preparing this book.
ACP : African Caribbean and Pacific Region Group.
ADNDRC : Asian Domain Name Dispute Resolution Centre.
AIREA : All India Rice Exporters Association.
AMTC : Affordable Medicines and Treatment Campaign.
AOA : Agreement On Agriculture.
APEDA : Agricultural and Processed Food Products Export Development
ASEAN : Association of South East Asian Nations.
ASSOCHAM : Associated Chambers of Commerce.
ATC : Agreement on Textile and Clothing.
BIRPI : International Burex for the Protection of Intellectual Property
Rights. (a French acronym )
BPO : Business Process Outsourcing.
BSNL : Bharat Sanchar Nigam Limited.
CDR : Centre for Dispute Resolution.
CERDS : Charter for Economic Rights and Duties for States.
CIF : Cost Insurance Freight.
CPR : Centre for Dispute Resolution.
CSIR : Council for Scientific and Industrial Research.
DDA : Doha Development Agenda.
DGAAD :Directorate General of Antidumping and Allied Duties.
DN : Domain Name.
DSB : Dispute Settlement Body.
DSM : Dispute Settlement Mechanism.
DSU : Dispute Settlement Understanding.
EMR : Exclusive Marketing Rights.
EPO : European Patent Office.
EU : European Union ( European Community )
FDI : Foreign Direct Investment.
FIAS : Foreign Investment Adversary Services.
FIP : Five Interesting Parties.
FTA : Free Trade Agreement.
GATS : General Agreement on Trade Services.
GATT : General Agreement on Tariffs and Trade.
IBRD : International Bank for Reconstruction And Development.
(: World Bank )
ICANN : :
ICAR : Indian Council of Agricultural Research.
ICJ : International Court of Justice.
ICSID : International Centre for Settlement of Investment Disputes.
IDA : International Development Association.
IFC : International Finance Corporation.
IMF : International Monetary Fund.
IP : Internet Protocol / Intellectual Property.
ITES : Information Technology Enabled Services.
ITO : International Trade Organisation.
MC : Ministerial Conference.
MDG : Millennium Development Goals.
MFA : Multi Fibre Arrangement.
MFN : Most Favour Nation.
MNC : Multi National Company.
MTNL : Mahanagar Telephone Nigam Limited.
MTNR : Multilateral Trade Negotiations Rounds.
NAF : National Arbitration Forum.
NAFTA : North American Free Trade Agreement.
NAMA : Non Agricultural Market Access.
NGO : Non Governmental Organisation.
NIEO : New International Economic Law
NT : National Treatment.
OECD : Organisation for Economic Cooperation and Development.
PANAP : Pesticide Action Network Asia and and the Pacific.
PCT: Patent Co operation Treaty.
SAFTA : South Asian Free Trade Agreement.
TM : Trade Mark.
TMB : Textiles Monitoring Body.
TPRB : Trade Policy Review Body.
TRIPS : Trade Related aspect of Intellectual Property Rights.
UDRP : Uniform Dispute Resolution Policy
UNCITRAL : United Nations Commission on International Trade Law.
UNCTAD : United Nations Conference on Trade and Development .
UNDD : United Nations Development Decade.
UNIDROIT : Principles of International Commercial Contract.
UNO : United Nations Organisation.
USDA : United States Department of Agriculture.
USPTO : United States Patent and Trade Mark Office.
WIPO : World Intellectual Property Organisation.
WTO : World Trade Organisation.
INTERNATIONAL ECONOMIC LAW