Paradigmatic Shifts in Indian Bilateral Investment Treaties PDF Download

Author: Saravanan A
Publisher:
ISBN:
Category :
Languages : en
Pages : 3

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Book Description
The authors highlight the paradigmatic shifts in Indian Bilateral Investment Treaties and the challenges associated with the new model of 2015.

Author: Prabhash Ranjan
Publisher: Oxford University Press
ISBN: 0199097070
Category : Performing Arts
Languages : en
Pages : 414

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Book Description
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 does so by locating them in India’s economic policy in general and policy towards foreign investment in particular. India’s approach towards BITs and 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. 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.

Author: Maithili Parikh
Publisher:
ISBN:
Category :
Languages : en
Pages : 64

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Author: K. Rajaraman
Publisher:
ISBN:
Category :
Languages : en
Pages : 25

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Book Description
The paper analyses the evolution of India's Bilateral Investment Treaty (BIT) policy in terms of continuity and change over time, in tune with the changing domestic and international investment regimes. On the drafting of India's new model BIT, the paper explains why the Indian authorities pursued a realistic approach to find a “middle path” between investment protection standards and the legitimate right of governments to regulate economic activity in the public interest. The authors explain the underlying rationale behind the substantive and procedural changes made in the new Indian model BIT. The authors view the review of the model treaty is merely one more contribution to changing the system of investment treaties worldwide with the next challenge being to overhaul the large number of India's existing BITs to bring them in line with the renewed approach and integrate the trade and investment regimes towards a common agenda.

Author: Steffen Hindelang
Publisher: Oxford University Press
ISBN: 0198738420
Category : Business & Economics
Languages : en
Pages : 497

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Book Description
In light of the controversies surrounding the impact of investment treaties and arbitration, this book reflects on the major changes in the area of international investment law.

Author: A. Saravanan
Publisher: Springer Nature
ISBN: 9811570108
Category : Law
Languages : en
Pages : 211

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Book Description
This book addresses the interactions between the domestic courts and the international investment arbitral tribunals, one of the most pressing issues confronting both domestic legal systems and the international legal system. It deals with the core issues inherent in the above interactions, especially with regard to countries outside the ICSID system. It contrasts this narrative with the position under classical international investment law, where national courts are assigned a very specific and minimalistic role in the process of investment disputes settlement. For this purpose, the book chooses India, which follows the non-ICSID model, as the major point of focus and considers both domestic judicial decisions and investment arbitral decisions for critical analysis. The ICSID Convention grants limited powers to domestic courts to issue provisional measures and to enforce ICSID awards. As the central theme of the book lies at the intersection of domestic law and international law, the work is indispensable for any scholar working in the areas of general international law, international investment law, international economic law, law and economics, international dispute settlement, or international law in domestic courts, as well as domestic judges and international arbitrators. Further, as the subject matter has great implications for both domestic and global governance, it will benefit civil servants, opinion leaders, policy planners and subject experts in economics, the political economy and regional studies, to name a few. Excerpt from the Foreword: “One of the great merits of this book is that... It looks at bilateral investment treaties themselves to probe more deeply into the role of national courts in investment arbitration... This masterful book fills a major void as a resource in Indian international arbitration law. But is also the prototype of what any serious inquiry into the judicial role in investor-State arbitration in any jurisdiction should look like...” - George A. Bermann, Walter Gellhorn Professor of Law and Jean Monnet Professor of European Union Law, Columbia Law School, USA

Author: Shen Wei
Publisher: Cambridge University Press
ISBN: 110885303X
Category : Law
Languages : en
Pages : 371

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Book Description
China is one of the major investment destinations and is a major country signing a large number of BITs and FTAs. China has been applying a liberalization approach to transform its BIT regime. This book investigates these widely accepted theories and norms in the context of investment liberalization.

Author: Alvaro Santos
Publisher: Anthem Press
ISBN: 1783089741
Category : Law
Languages : en
Pages : 422

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Book Description
World trade and investment law is in crisis: new and progressive ideas are needed. Rules that facilitated globalization and supported global economic growth are being challenged. A system of global governance that once seemed secure is now at risk as the United States ignores the rules while developing countries struggle to escape restrictions. Some want to tear global institutions and agreements down while others try desperately to maintain the status quo. Rejecting both options, a group of trade and investment law experts from 10 countries, South and North, have joined hands to propose ideas for a new world trade and investment law that would maintain global growth while distributing costs and benefi ts more fairly. Paying special attention to those who have suffered from trade dislocation and to restrictions that have hampered innovative growth strategies in developing countries, they outline a progressive trade and investment law agenda in World Trade and Investment Law Reimagined.

Author: Srinivas Burra
Publisher: Springer
ISBN: 8132235800
Category : Law
Languages : en
Pages : 337

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Book Description
This book brings together disparate views which attempt to locate India in the contemporary international legal order. The essays endeavour to explore critically India’s role and attitude towards international law in various fields and its influence and contribution in the development of the latter. The contributions are also of historical value, as they analyse the present as part of a historical trajectory. Drawing upon the current and historical practices from their respective fields, the authors attempt to highlight some critical aspects involving India and international law. These aspects broadly underline India’s drift from its traditional role as an ally and proponent of the third world towards the pragmatism of self-interest, behaviour that is often compelled by internal political and economic conditions, as well as the dictates of external forces.

Author: Yuliya Chernykh
Publisher: International Litigation in Press
ISBN: 9789004414679
Category : Law
Languages : en
Pages : 632

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Book Description
"As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--