Abstract
As in any country that has the rule of law to sculpt governance, India relies on its legal system. For strategic trade control management, too, India has a legal framework. Some of these laws are old, and mirror India’s national philosophy, and a broad policy towards developments in science and technology as well as the country’s idea of national and international security. These laws tell India’s international understanding to undertake some enduring obligations arrived at in negotiations with nations in multilateral organisations as well as in bilateral diplomacy. The broad legal framework through which India manages its strategic trade may not be originally drafted or conceived for strategic trade control; however, after realising that the objective of strategic trade control can also be met with a particular legislation, the Indian government uses the existing law or act for providing statutory authority to concerned officials or institutions. It should not indicate that the framework does not have a new law or specific law for strategic trade control. The Weapons of Mass Destruction Act of 2005 entered into India’s body of law to bridge the gap that existed for strategic trade management. The Indian legal system has usual practices for strategic trade management. Quite significantly, the Indian legal framework has a layered punishment structure. Some of the practices, to be found in the regulatory system, are in the Indian laws. Remarkably, some of the old laws have modern or current strategic trade control practices.
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Notes
- 1.
Indian National Science Academy (2017).
- 2.
The Department of Atomic Energy (1962).
- 3.
For example, Section 3(iii) of the Atomic Energy Act, 1962. The Department of Atomic Energy (1962).
- 4.
The Department of Atomic Energy (1962).
- 5.
The Department of Atomic Energy (1962).
- 6.
The Department of Atomic Energy (1962).
- 7.
The Department of Atomic Energy (1962).
- 8.
The Department of Atomic Energy (1962).
- 9.
The Department of Atomic Energy (1962).
- 10.
The International Atomic Energy Agency (2016).
- 11.
The Department of Atomic Energy (1962).
- 12.
The Department of Atomic Energy (1962).
- 13.
The Department of Atomic Energy (1962).
- 14.
The Department of Atomic Energy (1962).
- 15.
India Code, Digital Repository of Legislations (2018a).
- 16.
India Code, Digital Repository of Legislations (2018a).
- 17.
India Code, Digital Repository of Legislations (2018a).
- 18.
India Code, Digital Repository of Legislations (2018a).
- 19.
India Code, Digital Repository of Legislations (2018a).
- 20.
India Code, Digital Repository of Legislations (2018a).
- 21.
Government of India, Ministry of Commerce & Industry, Department of Commerce, Directorate General of Foreign Trade (2015).
- 22.
Government of India, Ministry of Defence Department of Defence Production (2015).
- 23.
Government of India, Ministry of Commerce & Industry, Department of Commerce, Directorate General of Foreign Trade (2018).
- 24.
India Code, Digital Repository of Legislations (2018a).
- 25.
India Code, Digital Repository of Legislations (1959) The Arms Act, 1959.
- 26.
India Code, Digital Repository of Legislations (1986).
- 27.
Government of India, Ministry of Environment, Forest and Climate Change (1986).
- 28.
The Government of India, Ministry of External Affairs (2004).
- 29.
India Code, Digital Repository of Legislations (2018a).
- 30.
India Code, Digital Repository of Legislations (2018a).
- 31.
India Code, Digital Repository of Legislations (2018a).
- 32.
India Code, Digital Repository of Legislations (2018a).
- 33.
India Code, Digital Repository of Legislations (2018a).
- 34.
India Code, Digital Repository of Legislations (2018a).
- 35.
Government of India, Ministry of Commerce and Industry, Department of Industrial Policy and Promotion (2018).
- 36.
Aircraft has been defined under the Act as ‘any machine which can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth’s surface, and includes balloons, whether fixed or free, airships, kites, gliders, and flying machines’.
- 37.
Carriage has been defined under the Act as ‘any carriage, wagon, cart, truck, vehicle or other means of conveying goods or passengers by land, in whatever manner the same may be propelled’.
- 38.
Explosives has been defined under the Act as ‘gunpowder, nitrogycerine, nitroglycol, gun-cotton, di-nitro-toluene tri-nitrotoluene, picric acid, di-nitor-phenol, tri-nitor-resorcinol (styphnic act), cyclo-trimethylenetrinitramine, penta-erythritol-tetranitrate, tetry1, nitroguanidine, lead azide, lead styphnate, fulminate of mercury or any other metal, diazo-di-nitor-phenol, coloured fires or any other substance whether a single chemical compound or a mixture of substances, whether solid or liquid or gaseous, used or manufactured with a view to produce a practical effect by explosion or pyrotechnic effect; and includes fog-signals, fireworks, fuses, rockets, percussion caps, detonators, cartridges, ammunition of all descriptions and every adaptation or preparation of an explosive as defined in this clause’.
- 39.
Vessel has been defined under the Act as ‘any ship, boat, sailing vessel, or other description of vessel used in navigation, whether propelled by oars or otherwise and anything made for the conveyance, mainly by water, or human beings or of goods and a caisson’.
- 40.
Government of India, Ministry of Commerce and Industry, Department of Industrial Policy and Promotion, (2018).
- 41.
Government of India, Ministry of Home Affairs (2018c).
- 42.
India Code, Digital Repository of Legislations (2018l).
- 43.
Find these acts at India Code, Digital Repository of Legislations (2018) India Code, https://indiacode.nic.in/.
- 44.
Government of India, Cabinet Secretariat, National Authority, Chemical Weapons Convention (2018).
- 45.
The International Atomic Energy Agency (2005) Communication from the Resident Representative of India to the International Atomic Energy Agency regarding India’s nuclear export policies and practices, INFCIRC/647, 29 June 2005.
- 46.
Government of India, Ministry of External Affairs (2005).
- 47.
Government of India, Ministry of External Affairs (2005).
- 48.
The International Atomic Energy Agency (2005) Communication from the Resident Representative of India to the International Atomic Energy Agency regarding India’s nuclear export policies and practices, INFCIRC/647, 29 June 2005.
- 49.
Government of India, Ministry of External Affairs (2005).
- 50.
Government of India, Ministry of External Affairs (2005).
- 51.
Government of India, Ministry of External Affairs (2005).
- 52.
Government of India, Ministry of External Affairs (2005).
- 53.
Government of India, Ministry of External Affairs (2005).
- 54.
Government of India, Ministry of Commerce and Industry, Directorate General of Foreign Trade (1992).
- 55.
Government of India, Ministry of Commerce and Industry, Directorate General of Foreign Trade (2010).
- 56.
Government of India, Ministry of Commerce and Industry, Directorate General of Foreign Trade (2010).
- 57.
Government of India, Ministry of Commerce and Industry, Directorate General of Foreign Trade (2010).
- 58.
Government of India, Ministry of Commerce and Industry, Directorate General of Foreign Trade (2010).
- 59.
Government of India, Ministry of Commerce and Industry, Directorate General of Foreign Trade (2010).
- 60.
Government of India, Ministry of Commerce and Industry, Directorate General of Foreign Trade (2010).
- 61.
Government of India, Ministry of Commerce and Industry, Directorate General of Foreign Trade (2010).
- 62.
Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (1962).
- 63.
Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (1962).
- 64.
Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (1962).
- 65.
India Code, Digital Repository of Legislations (2018g).
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Nayan, R. (2019). Indian Legal Framework for Strategic Trade Management. In: Global Strategic Trade Management. Springer, New Delhi. https://doi.org/10.1007/978-81-322-3926-0_6
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