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Many countries have started contesting international investment treaties that allow foreign corporations to sue sovereign States for alleged treaty breaches at international arbitration fora. This contestation has taken the form of either countries terminating their investment treaties or walking out of the investor-State dispute settlement (ISDS) system. India has also jumped on the contestation bandwagon. As a consequence of being sued by more than 20 foreign investors, India terminated close to 60 investment treaties and adopted a new model bilateral investment treaty (BIT) purportedly to balance investment protection with the host State's right to regulate. This book studies critically India's approach towards BITs by tracing its origin, evolution, and the current state of play. The book does so by locating it in India's economic policy in general and policy towards foreign investment in particular. India's approach towards BITs and its policy towards foreign investment were consistent with each other in the periods of economic nationalism (1947-1990) and economic liberalism (1991-2010). However, post 2010, India's approach to BITs has become protectionist while India's foreign investment policy continues to be liberal. In order to balance investment protection with the State's right to regulate, India needs to evolve its BIT practice based on the twin framework of international rule of law and embedded liberalism.
Ranjan, P: India and Bilateral Investment Treaties: Refusal, Acceptance, Backlash ebooks
India and Bilateral Investment Treaties ~ As a consequence of being sued by more than 20 foreign investors, India terminated close to 60 investment treaties and adopted a new Model Bilateral Investment Treaty (BIT) purportedly to balance investment protection with the host State’s right to regulate. This book is a critical study of India’s approach towards BITs and traces their origin, evolution, and the current state of play. It .
Ranjan: India and Bilateral Investment Treaties: Refusal ~ Prabhash Ranjan (South Asian Univ. - Law) has published India and Bilateral Investment Treaties: Refusal, Acceptance, Backlash (Oxford Uni.
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India and Bilateral Investment Treaties Ranjan Prabhash ~ India has also jumped on the contestation bandwagon. As a consequence of being sued by more than 20 foreign investors, India terminated close to 60 investment treaties and adopted a new model bilateral investment treaty (BIT) purportedly to balance investment protection with the host State's right to regulate. This book studies critically India .
INDIA’S MODEL BILATERAL INVESTMENT TREATY ~ 1.1 Global backlash against BITs and ISDS Conventionally, bilateral investment treaties (BITs) are treaties between two countries aimed at protecting investments made by investors of both .
India and Bilateral Investment Treaties Refusal ~ India and Bilateral Investment Treaties Refusal, Acceptance, Backlash. Bilateral Trade and Investment Agreement (BTIA) - INSIGHTSIAS
India’s BITs: Mapping the Acceptance—II - Oxford Scholarship ~ Continuing on the discussion on the key features of Indian BITs from the previous chapter, this chapter studies the following provisions in India’s BITs and FTA investment chapters: expropriation; monetary transfer provisions; general exception clauses; and the investor–state dispute settlement (ISDS) provisions. Like chapter 4, this chapter will also discuss these provisions against the .
Your reading list for the week - The Hindu ~ India and Bilateral Investment Treaties: Refusal, Acceptance, Backlash . Prabhash Ranjan. After being sued by more than 20 foreign investors, India terminated close to 60 investment treaties and .
Public Policy Defeating Arbitral Awards and Prospective ~ Since 1994, India has signed 86 Bilateral Investment Treaties (BIT) out of which more than 66 have been unilaterally terminated between 2016 and 2019. The effectiveness of BITs has always been in question, and the judiciary has played a part in its weakening. White Industries Ltd. case is one of such examples. In this case, India was found .
Wildy & Sons Ltd — The World’s Legal Bookshop : India ~ India and Bilateral Investment Treaties: Refusal, Acceptance, Backlash Prabhash Ranjan ISBN 9780199493746 Published June 2019 Oxford University Press
Why Should I Believe You? The Costs and Consequences of ~ Foreign direct investment (FDI) is a key economic flow in the global economy and investor rights have been strongly protected since the 1960s by a large number of bilateral investment treaties .
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Essential Security Interests in International Investment ~ Essential security interest clause in bilateral investment treaties (BITs) assumed much significance after a spate of investor-state dispute settlement (ISDS) claims were brought against Argentina.
Reforming the investor-state dispute settlement mechanism ~ This paper aims at understanding the relationship between the investor-state dispute settlement (ISDS) mechanism and the host states’ right to regulate. Fragmented into over 3300 bilateral investment treaties (BITs), international investment law is being increasingly challenged by states who believe that the regime is imbalanced. This can be seen from the decision of various states to either .
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Rethinking bilateral investment treaties: critical issues ~ Way back in 1959, Germany and Pakistan signed the first Bilateral Investment Treaty (BIT) in the world. Without knowing, they marked a new era as many countries have followed their example since then.
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