Jindal Global Law Review


VOLUME 5, ISSUE 1, 2014

Issue Editors: James J. Nedumpara, Pallavi Kishore

Editor’s Foreword (PDF)


1. Scan Globally, Reform Locally : The Horizontal Learning Method in Law and Development
     David M. Trubek
     Article (PDF) | Abstract

This article calls for a new method in the field of law and development. Entitled ‘Scan Globally, Reform Locally’ what it seeks to do is to rely on horizontal co-operation among developing countries and close comparative analyses of the similar and overlapping experiences that mark these countries by experts in these countries using a bottom-top approach. It outlines the rationale for the use of this method and assesses the current state of this kind of work in the field of legal studies.
David M. Trubek, Jindal Global Law Review, Volume 5, Issue 1, April 2014, 9:15, ISSN 0975-2498.


2. Everybody has a Car But Nobody Moves: Contradiction in Brazil’s Social Inclusion Via the Consumption Development Model
      Jose Garcez Ghirardi
      Article (PDF) | Abstract

Development narratives can and have been told in a variety of ways. They can focus on the main agents for development, and their heroes can include the state, the market, or a mix of both. However, in the real world of concrete implementation of specific policies, options must be reduced and a decision has to be made about which model to adopt, which elements to prioritize and which to sacrifice or postpone. This paper explores the narrative of development which has been at work in Brazil for the past decade, particularly since the election of president LuísInácio Lula da Silva (2002). It begins by arguing that the key to this narrative and its ongoing success is the notion of social inclusion via consumption which has been the guiding principle behind its supported and buttressed by a specific rendering of the roles of the state and the market, which make the former usually respond to the needs of the latter, it ends by suggesting some potentially challenging consequences of this narrative.
José Garcez Ghirardi, Jindal Global Law Review, Volume 5, Issue 1, April 2014, 17:32, ISSN 0975-2498.


3. FDI in Brazil: Some Considerations
     Maria Lucia and L.M. Padua Lima
     Article (PDF) | Abstract

This paper discusses some key aspects of the recent flow of Foreign Direct Investments (FDI) in Brazil over the last three decades. It examines the relationship between Brazil and the rest of the world on FDI and critically examines the relationship between successive Brazilian governments’ rhetoric on the new economic policies which include FDI and the actual practice of FDI in Brazil through concrete accounts of Brazilian law, economy and infrastructure. It finally offers an account of the future prospects of FDI in Brazil.
Maria Lucia L.M. Padua Lima, Jindal Global Law Review, Volume 5, Issue 1, April 2014, 33:58, ISSN 0975-2498.


4. Tax Policy and Economic Growth within the BRICS: A Case Study of Tax Structuring in the Face of India’s General Anti-Avoidance Rules
      Charles D. Maddox
      Article (PDF) | Abstract

The rates of economic growth across the BRICS countries have slowed significantly over the course of the last few years and the Indian growth story has been no exception. There are multiple reasons for India’s slowing down but one of the significant factors has been controversy surrounding Indian tax policy. This article examines the story surrounding India’s proposed general anti-avoidance rules and how this episode has damaged investor confidence in the Indian system.
Charles D. Maddox, Jindal Global Law Review, Volume 5, Issue 1, April 2014, 59:78, ISSN 0975-2498.


5. Sunset Reviews: Important Provisions made Irrelevant?
     Abhijit Das and Meghana Sharafudeen
     Article (PDF) | Abstract

This article examines the Sunset Review provisions of the Anti-Dumping Agreement (ADA), analyses the trend in the use of anti-dumping measures and discusses some of the proposals made during the Doha Round for curtailing misuse of this provision.
Abhijit Das and Meghana Sharafudeen, Jindal Global Law Review, Volume 5, Issue 1, April 2014, 79:108, ISSN 0975-2498.


6. Regionalism and BRICS: Understanding BRICS’ Trade Policy Agenda  in the Era of Growing Regional Trade Agreements
    Article (PDF) | Abstract

The paper provides a brief overview of the contemporary climate of burgeoning deep-rooted Free Trade Agreements (FTAs) across the globe and the trend of strong powers entering into asymmetrical trade agreements. In light of the changing global dynamics, this paper traces the policy of regionalism in the BRICS countries based on three parameters: i) emergence of each country’s general trade policy on regionalism, ii) scope and coverage of issues within BRICS FTAs, and iii) BRICS response to FTA negotiations with the dominant trading partners such as the US and EU. By analysing these factors, readers could derive the commonalities and divergences in the FTA policy amongst BRICS countries. In the end, the paper presents some common policies on regionalism that BRICS should keep in mind while progressing on their future roadmap of concluding Regional Trade Agreements (RTAs)
Geetanjali Sharma, Jindal Global Law Review, Volume 5, Issue 1, April 2014, 109:134, ISSN 0975-2498.


7. Corporate Governance and Informal Institutions: Experiences of BRICS Economies
     Yugank Goyal
     Article (PDF) | Abstract

The article attempts to explore the divergence between corporate governance on paper and on the ground in non-Western societies. In doing so, it excavates the role of informal institutions in the practice of corporate governance. Through a comparative study of BRIC economies, the article argues that variables pertaining to informal social norms (articulated in the histories and cultures of societies) are crucial to explaining the emergence of rather peculiar models of corporate governance.
Yugank Goyal, Jindal Global Law Review, Volume 5, Issue 1, April 2014, 135:159, ISSN 0975-2498.



8. Patent and Trade Disparities in Developing Countries by Srividhya Ragavan
   Yogesh Pai