India and Bilateral Investment Treaties -- A Changing Landscape PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download India and Bilateral Investment Treaties -- A Changing Landscape PDF full book. Access full book title India and Bilateral Investment Treaties -- A Changing Landscape by Prabhash Ranjan. Download full books in PDF and EPUB format.
Author: Prabhash Ranjan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
This article examines the origin, evolution and current status of the Indian Bilateral Investment Treaty (BIT) programme. India launched its BITs programme in 1994 as part of its overall strategy of economic liberalization. To date, India has entered into more than 80 BITs. However, India's BIT programme didn't receive much attention until recently when numerous foreign investors brought BIT claims against India challenging various regulatory measures such as cancellation of telecom licences and imposition of retrospective taxes. This sudden gush of BIT claims has put the focus on India's BIT programme. It has triggered concerns about Indian BITs not balancing investment protection with India's regulatory power, thus compelling India to re-think its BIT programme.
Author: Prabhash Ranjan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
This article examines the origin, evolution and current status of the Indian Bilateral Investment Treaty (BIT) programme. India launched its BITs programme in 1994 as part of its overall strategy of economic liberalization. To date, India has entered into more than 80 BITs. However, India's BIT programme didn't receive much attention until recently when numerous foreign investors brought BIT claims against India challenging various regulatory measures such as cancellation of telecom licences and imposition of retrospective taxes. This sudden gush of BIT claims has put the focus on India's BIT programme. It has triggered concerns about Indian BITs not balancing investment protection with India's regulatory power, thus compelling India to re-think its BIT programme.
Author: Prabhash Ranjan
Publisher: Oxford University Press
ISBN: 0199097070
Category : Performing Arts
Languages : en
Pages : 414
Get Book Here
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: Prabhash Ranjan
Publisher:
ISBN:
Category :
Languages : en
Pages : 28
Get Book Here
Book Description
This chapter will study the evolution of India's approach to bilateral investment treaties (BITs) since her independence in 1947. The chapter will trace this evolution by dividing the time period from 1947 to date in three phases. In the first phase, from 1947 till end of 1990, India didn't undertake international treaty obligations in the form of BITs to protect foreign investment in India primarily because of import substitution economic policies. However, this started to change in early 1991 - the second phase of this study. In the second phase, India decided to lift her self-imposed insulation from the global economy and unleashed major structural adjustments and macro-economic reforms, of the kind never undertaken before. Due to this changed economic approach, India's approach towards BITs also changed. India started signing BITs with many countries aimed at protecting foreign investment. This launch and expansion of signing BITs continued till 2010. Post 2010, we are witnessing third phase of India's approach BITs. In this phase, India started critically reviewing her BITs in wake of numerous BIT claims brought by foreign investors against India. A critical step in this phase has been the adoption of the 2015 draft Model BIT. This development points towards India's new investment treaty practice, which does not put the same faith in BITs as the second phase. The chapter will conclude by observing that India's new investment treaty practice should evolve in a manner that reconciles investment protection with host State's right to regulate.
Author: Leïla Choukroune
Publisher: Routledge
ISBN: 1000407969
Category : Law
Languages : en
Pages : 190
Get Book Here
Book Description
This edited collection on international commercial and investment disputes in, and with, India examines past and present landmark legislative and regulatory reforms initiated by the Indian government, including the 2015 new Bilateral Investment Treaty (BIT) model, the 2015 amendments to the 1996 Arbitration Act and the 2013 amendments to Section 135 of the Companies Act on Corporate Social Responsibility (CSR), as well as the most recent amendments to the same. The book also includes recent developments in the dispute resolution arena, regional, and international negotiations involving India, the legal profession’s response to these developments, and civil society’s comments. In addition, it addresses contemporary problems of key importance and at the centre of today’s discussions, from the legitimacy and relevance of Investor–State Dispute Settlement (ISDS) to the denunciation of Bilateral Investment Treaties (BITs), and the role arbitration should play in emerging economies now leaders in world trade. In creating bridges between commercial and investment arbitration, it also renews the conceptual approach to these too often artificially isolated fields of law. The volume provides an accurate and updated account of the many fascinating conceptual and practical evolutions, which already impact the world of international dispute resolution far beyond the borders of India. This unique and exhaustive study will be of great appeal to a vast range of readers from practitioners to academia.
Author: K. Rajaraman
Publisher:
ISBN:
Category :
Languages : en
Pages : 25
Get Book Here
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: Shen Wei
Publisher: Cambridge University Press
ISBN: 1108490980
Category : Education
Languages : en
Pages : 371
Get Book Here
Book Description
Comprehensively investigate key characteristics, evolutionary path, driving forces, interpreting methodologies, and some missing puzzles of Chinese BITs.
Author: James J. Nedumpara
Publisher: Springer Nature
ISBN: 9819734010
Category :
Languages : en
Pages : 276
Get Book Here
Book Description
Author: Congyan Cai
Publisher: BRILL
ISBN: 9004376992
Category : Law
Languages : en
Pages : 255
Get Book Here
Book Description
The BRICS in the New International Legal Order on Investment: Reformers or Disruptors is written by international experts with BRICS backgrounds. The book investigates why and how the BRICS countries modernize their approach to the investment treaty regime. The chapters are organized by BRICS countries and discuss whether they can develop a common approach to investment treaties as well as what these countries will bring to the investment treaty regime in the future. The volume provides important perspectives on how the BRICS, an emerging power hub in international society, engage in the international legal order.
Author: Julien Chaisse
Publisher: BRILL
ISBN: 9004360107
Category : Law
Languages : en
Pages : 725
Get Book Here
Book Description
International Investment Treaties and Arbitration Across Asia brings together leading academics and practitioners to examine whether and how the Asian region has or may become a significant ‘rule maker’ in contemporary international investment law and dispute resolution. The editors introduce FDI trends and regulations, investment treaties and arbitration across Asia. Authors add country studies for the ten member states of the Association of Southeast Asian Nations as well as an overview of ASEAN treaties, or examine other potential ‘middle powers’ (Korea, Australia and New Zealand collectively) and the emerging ‘big players’ (China, Japan and India). Two early chapters present econometric studies of treaty impact on FDI flows, in aggregate as well as for Thailand, while two concluding chapters offer other normative and forward-looking perspectives.
Author: Sharon Mutsau
Publisher: Anchor Academic Publishing
ISBN: 3960671695
Category : Law
Languages : en
Pages : 105
Get Book Here
Book Description
Bilateral investment treaties (BITs) signed prior to the 21st century are problematic. Some countries with BITs signed during this period have since reviewed those BITs and taken action to address the disadvantages the BITs held for the host nation or have either resorted to eradicating some of their BITs. In particular, developing countries that signed BITs with developed nations seem to be disproportionately disadvantaged in these agreements. This research highlights Kenya’s current BIT situation and compares it in light of another developing country, South Africa, with regards to its BIT experience. Given that South Africa has undergone an extensive BIT review process and moves to change some of these BITs, this study compares and contrasts the Kenyan and South African experience. The study highlights the possible lessons that could be learnt from the South African BIT review experience and provides recommendations for the Kenyan government regarding its outdated BITs. The lessons and recommendations benefit not only Kenya but also other countries that are still to review their BITs as it adds to the literature on why it is important for countries with such BITs to revisit them and how they can go about the review mechanism best. In addition, the study is also significant as far as it raises awareness of the use and effects of BITs, thereby enabling countries that enter into such agreements to make informed decisions.
