Supreme Court,The Ultimate Arbiter Of Constitutional Disputes Involving Trade And Commerce: Justice Chandrachud

Former Chief Justice of India, Dr. Justice DY Chandrachud addressed the audience at the event to marks the eighth foundation day of the Centre for Trade and Investment Law (CTIL), the think-tank of the Ministry of Commerce. The evening also saw the launch of the book 'Bespoke Treaties or Standard Models?', authored by Prof. James J Nedumpara, Ms. Sunanda Tewari and Mr. Puskhar Reddy and the foreword for which was written by Mr. George Pothan Poothicote. The event was attended by the Commerce Secretary, senior bureaucrats, policy makers, think-tanks, lawyers and students.The evening began with a welcome address Dr. James J. Nedumpara, the head of CTIL, who reflected on the centre's eight-year journey and its impact on international trade and investment law. He highlighted CTIL's dual mandate: providing expert advisory support to the Department of Commerce while simultaneously conducting rigorous academic research. Dr. Nedumpara noted that CTIL was established in 2016 to strategically build India's capacity in trade law and policy, a field where developed nations have long employed legal frameworks to advance their interests. He also acknowledged the current turbulence within international economic law, emphasizing the pivotal role of young professionals in navigating these evolving challenges. Professor Rakesh Mohan Joshi, Vice Chancellor of the Indian Institute of Foreign Trade (IIFT), presented a compelling analysis of India's economic trajectory. He highlighted India's robust export growth, noting its outperformance relative to major global economies, including the United States and China. Professor Joshi underscored the significant structural transformation of India's export basket, particularly the remarkable expansion in smartphone exports. He attributed the nation's economic resilience to its demographic profile, a highly skilled and multilingual workforce, and prudent fiscal and monetary management. Furthermore, he emphasized India's recent diplomatic successes in international trade, citing the completion of Free Trade Agreements (FTAs) with the United Kingdom and the European Free Trade Association (EFTA), as well as ongoing negotiations with the European Union (EU). These agreements, he posited, are setting a new standard for mutual respect and balanced benefits in global trade. Professor Joshi concluded by expressing confidence that India is on a clear path to becoming a leading global economy by 2075.Shri Sunil Barthwal, the Commerce Secretary, began his address by thanking Justice Chandrachud for accepting the invite and stated that he and the audiance were looking forward to hear and learn from the former Chief Justice. He also congratulated CTIL on its eighth anniversary, acknowledging its indispensable role in India's trade and investment landscape despite its relatively short existence. The Commerce Secretary particularly appreciated CTIL's competence in handling complex negotiations with smaller teams compared to many other nations. He stressed the importance of career progression for CTIL's researchers and lawyers to retain institutional expertise. The Secretary outlined the three institutional pillars of the Department of Commerce: IIFT for academic training, the Centre for WTO Studies for economic aspects, and CTIL for legal dimensions. He also dwelt on the growing complexity of FTAs, which now encompass broad regulatory and sectoral issues beyond tariffs, requiring negotiators to balance national sensitivities with global expectations. In this regard, the Secretary cited the India-UK FTA as a gold standard for its careful legal drafting and nuanced treatment of labor and environment related provisions. The Secretary commended CTIL members for their commitment to national interest over lucrative private opportunities and emphasized the need for continued capacity building across the country. He urged CTIL to see itself as central to India's trade diplomacy and expressed confidence in its vital role in future negotiations, including the India-EU FTA. He concluded by congratulating CTIL on its achievements and expressing optimism for its future.Dr. Justice DY Chandrachud in his address mentioned anecdotes like his interaction with the then President of India over a cup o coffee on the Vodafone case, in which he gave the judgement of the Bombay High Court. He also mentioned about his interaction a government official when he was the ASG and was handling a trade dispute. He then went on to complement the talent and commitment of India's young trade negotiators, identifying them as a key national strength. Further, on the book he launched, “Bespoke Treaties or Standard Models?”, he described it as a foundational text for legal scholarship and policymaking. Justice Dr. Chandrachud meticulously outlined the inherent structural flaws within international investment law, particularly the fundamental tension between protecting investor interests and a state's duty to its citizenry. He provided a...

Supreme Court,The Ultimate Arbiter Of Constitutional Disputes Involving Trade And Commerce: Justice Chandrachud

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