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Oxford – India and Bilateral Investment Treaties by Prabhash Ranjan (9780199493746)

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Oxford – India and Bilateral Investment Treaties by Prabhash Ranjan (9780199493746)

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.

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.

About the Author

Prabhash Ranjan teaches at the Faculty of Law, South Asian University, New Delhi, India.

Features

  • 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.


Author: Prabhash Ranjan
Publisher: Prabhash Ranjan
ISBN-13: 9.7802E+12
Language: English
Binding: Paperback
No. Of Pages: 414
Country of Origin: India

Additional information

Weight 0.697 kg

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