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020 _a9780199493746
028 _a:Zafaa Books & Distributors
_b:313/56F 49A, Anand Nagar Inderlok Delhi 110035
_c:ZBD0082
_d:20/04/2022
082 _a346.540 RAN
100 _aRanjan, Prabhash
245 _aIndia and Bilateral Investment Treaties
_b: refusal, acceptance, backlash
_c/ Prabhash Ranjan
260 _aNew Delhi
_b: Oxford University Press,
_c@ 2019.
365 _b1495
505 _a Foreword / Stephan W. Schill -- Introduction -- Economic nationalism : refusal to bilateral investment treaties -- Economic liberalism : embracing bilateral investment treaties -- India's BITs : mapping the acceptace : I -- India's BITs : mapping the acceptance : II -- BITs come home to roost but no Philip MOrris moment yet! -- Mapping the backlash : once BITten many times shy! -- The 2016 Indian model BIT : making the BIT unworkable for investors -- Conclusion: Throw the bathwater, but keep the baby!
520 _aMany countries have started contesting international investment treaties that allow foreign corporations to sue sovereign states for alleged treaty breaches at international arbitration forums. 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 critically studies India's approach towards BITs by tracing the 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 India's policy towards foreign investment were consistent with each other in the periods of economic nationalism (1947 to 1990) and economic liberalism (1991 to 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.
650 _aLaw
650 _aPrivate law
650 _aInvestments, Foreign -- Law and legislation -- India.
650 _aInvestments, Foreign (International law)
650 _aIndia -- Economic policy.
650 _aForeign direct investment.
650 _aIndia -- Foreign economic relations.
650 _aBilateral investment treaties.
650 _aInvestor-State dispute settlement.
650 _aIndia -- Economic policy.
700 _aRanjan, Prabhash
942 _cBOOK
999 _c59132
_d59132