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Trade Barriers Between India And The European Union: A Critical Legal Analysis Of Tariff And Nontariff Measures And Their Impact On Bilateral Trade




Harish, SRM School of Law, SRM University, Chennai

Sailesh Kumar N, SRM School of Law, SRM University, Chennai


ABSTRACT


India and the European Union (EU) maintain a substantial bilateral economic partnership within the global trading landscape. However, this relationship has been marked by enduring trade impediments that impede the full realization of bilateral trade's potential. These impediments encompass both intricate non-tariff measures (NTMs) and tariff-based limitations. This study provides a critical analysis of the legal aspects of these trade barriers, focusing on India's trade regulatory structure, the EU Common Commercial Policy, and World Trade Organization (WTO) accords. The research investigates the substantial tariff disparities, technical trade barriers (TBTs), sanitary and phytosanitary (SPS) concerns, deficiencies in intellectual property protection, and regulatory inconsistencies that have historically obstructed the proposed India-EU Free Trade Agreement (FTA). The effectiveness of current legal frameworks in addressing trade disputes is assessed through a detailed examination of significant cases and the rulings of relevant regulatory authorities. Furthermore, the report analyses the socioeconomic consequences of trade impediments, considering the perspectives of various stakeholders, such as consumers on both sides of the transaction, Indian exporters, and European manufacturers. However, despite the presence of several structural and political barriers, the most practical way to achieve greater economic integration is through the harmonization of regulatory standards, dispute resolution, and a new free trade agreement framework.


Keywords: Trade Barriers Tariff Measures Non-Tariff Measures India EU FTA WTO Bilateral Trade Sanitary and Phytosanitary Measures Technical Barriers to Trade.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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