India and Bilateral Investment Treaties
Refusal, Acceptance, Backlash
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ISBN:
9780199493746
Publication date:
03/06/2019
Hardback
414 pages
216x140mm
Price: 1495.00 INR
We sell our titles through other companies
Disclaimer :You will be redirected to a third party website.The sole responsibility of supplies, condition of the product, availability of stock, date of delivery, mode of payment will be as promised by the said third party only. Prices and specifications may vary from the OUP India site.
ISBN:
9780199493746
Publication date:
03/06/2019
Hardback
414 pages
Prabhash Ranjan
Studies the origin, evolution, and current state of play of India's bilateral investment treaties (BITs) and investment chapters in India's FTAs.,Only book that provides a detailed and critical account of India's approach towards investment treaties from India's independence in 1947 till date.,Situates India's approach to investment treaties in the overall economic policy towards foreign investment.,Demystifies the reasons India has been sued by so many foreign investors and critically examines India's reactions to these disputes.,Argues that India's future approach towards investment treaties must be based on twin frameworks of international rule of law and embedded liberalism.,Explains the international law on foreign investment that binds India.
Rights: World Rights
Prabhash Ranjan
Description
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.
About the Author
Prabhash Ranjan, Assistant Professor, Faculty of Law, South Asian University, India
Prabhash Ranjan teaches at the Faculty of Law, South Asian University, New Delhi.
Prabhash Ranjan
Table of contents
Foreword
Acknowledgements
1:Introduction
Phase I: Refusal
2:Economic Nationalism: Refusal to Bilateral Investment Treaties
Phase II: Acceptance
3:Economic Liberalism: Embracing Bilateral Investment Treaties
4:India's BITs: Mapping the Acceptance I
5:Mapping the Acceptance II
Phase III: Backlash
6:BITs Come Home to Roost but No Philip Morris Moment Yet!
7:Mapping the Backlash: Once Bitten Many Times Shy!
8:The 2016 Indian Model BIT: Making the BIT Unworkable for Investors
9:Conclusion
Annexure
Index
About the Author
Prabhash Ranjan
Description
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.
About the Author
Prabhash Ranjan, Assistant Professor, Faculty of Law, South Asian University, India
Prabhash Ranjan teaches at the Faculty of Law, South Asian University, New Delhi.
Table of contents
Foreword
Acknowledgements
1:Introduction
Phase I: Refusal
2:Economic Nationalism: Refusal to Bilateral Investment Treaties
Phase II: Acceptance
3:Economic Liberalism: Embracing Bilateral Investment Treaties
4:India's BITs: Mapping the Acceptance I
5:Mapping the Acceptance II
Phase III: Backlash
6:BITs Come Home to Roost but No Philip Morris Moment Yet!
7:Mapping the Backlash: Once Bitten Many Times Shy!
8:The 2016 Indian Model BIT: Making the BIT Unworkable for Investors
9:Conclusion
Annexure
Index
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