The Enforcement Gap In International Trade Law: Implications For India’s Domestic Integration

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Vanshika Kuchhal, Amity University, Noida

ABSTRACT

India’s domestic legal framework struggles to keep pace with its international trade obligations under the World Trade Organization (WTO). As a dualist system, treaties such as the General Agreement on Tariffs and Trade (GATT) or the Agreement on Subsidies and Countervailing Measures (SCM) require enabling legislation, producing an enforcement gap between global commitments and local enforcement. This becomes evident in disputes such as India–Solar Cells and India–Export Related Measures, where WTO panels found Indian measures inconsistent due to weak alignment between domestic law and international obligations. Using doctrinal research based on treaties, case law, and scholarly literature, this chapter examines how institutional fragmentation, limited administrative resources, and poor coordination between ministries hinder compliance. It argues that without a centralized enforcement body to oversee treaty implementation, India risks reputational damage and weakened credibility and reduced credibility in global trade governance. Comparative lessons from countries like Brazil and South Africa suggest possible institutional reforms for stronger integration.

Keywords: Dualistic legal system, Enforcement gap, WTO compliance, Institutional coordination, Centralized enforcement

67. THE ENFORCEMENT GAP IN INTERNATIONAL TRADE LAW- IMPLICATIONS FOR INDIA’S DOMESTIC INTE

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