Open Markets, Free Trade and Sustainable Development

This book explores the dilemmas posed by globalisation in various aspects of law. It covers diverse themes, ranging from the impact of different legislative measures, bilateral and regional agreements in the context of trade, investment and mobility of labour, to concerns about sustainability, equity, regional balance and social security in the light of globalisation. Although it focuses mainly on India and the European Union, the issues raised and challenges discussed are of a general nature, and as such relevant in the broader context. The chapters address contemporary problems in trade, investment and labour mobility, which have emerged through the complex interaction of market, state policies and socio-environmental concerns, and are expressed on national and global platforms in the context of evolving legal system. The book is a valuable resource for students, researchers and academics engaged in comparative legal studies, particularly those interested in studying the interplay ofglobalisation with various areas and aspects of law at national as well as international levels. It also appeals to anyone interested in law and policy studies.

This book explores the dilemmas posed by globalisation in various aspects of law. It covers diverse themes, ranging from the impact of different legislative measures, bilateral and regional agreements in the context of trade, investment and mobility of labour, to concerns about sustainability, equity, regional balance and social security in the light of globalisation. Although it focuses mainly on India and the European Union, the issues raised and challenges discussed are of a general nature, and as such relevant in the broader context. The chapters address contemporary problems in trade, investment and labour mobility, which have emerged through the complex interaction of market, state policies and socio-environmental concerns, and are expressed on national and global platforms in the context of evolving legal system. The book is a valuable resource for students, researchers and academics engaged in comparative legal studies, particularly those interested in studying the interplay ofglobalisation with various areas and aspects of law at national as well as international levels. It also appeals to anyone interested in law and policy studies.

About the Indo-German Conference (Helmut Goerlich & M.P. Singh).- 1. Introduction (Amitabh Kundu).Part I- Social Market Economy.- 2. Social Rights in the European and the Indian Union (Joerg Luther).- 3. Transitioning from the Informal to the Formal economy: The Continuing Relevance of State Law (Kamala Sankaran).- Part II- Markets and Cultural Diversity.- 4. Open Markets and Diversity of India’s Politico-legal Ordering (Amar Pal Singh).- 5. A Peasant’s Imagination of Alternative Legal Order: Land Reform in India, Food Security and the WTO (Pratyush Kumar and Andreas Buser).- Part III- Market Liberalisation and Sustainable Development.- 6. India in pursuit of Sustainable Development (A. Jayagovind).- 7.  From Social Market Economy to a Sustainable Market Economy (Michael von Hauff).- 8. Environment and Globalisation: Antogonistic or Agnostic (Niraj Kumar).- 9. Sustainable Public Procurement in Europe: Creating Markets or Distorting the Internal Market (Rike Krämer-Hoppe).- Part IV: Co-operation between Indian and the European Union.- 10. The EU-India Development Partnership - Legal framework and political perspectives (Markus Kaltenborn).- 11. Access to Services in the EU Market: With specific focus on Movement of Natural Persons (R.V. Anuradha & Ronjini Ray).- Part V: Market Liberalisation in Goods and Services.- 12. Free Trade Agreements and national constitutional law – from CETA and TTIP onwards (Ralph Zimmermann).- 13. Common Market under the Constitution of India (Uday Shankar).- 14. National Treatment Obligation under Article 3 of GATT vis-à-vis Indian Constitution (Sanjay Jain).- Part VI: Market: Freedom of Establishment and Free Movement of Capital.- 15. Capital Flows into India – Role of Monetary Transfer Provisions in India’s International Investment Agreements (Prabhash Ranjan).- 16. LegalRisks in Foreign Direct Investment in India (Anil Rai).- Valedictory and Concluding Remarks (Upendra Baxi).