India And Bilateral Investment Treaties
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India And Bilateral Investment Treaties
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Author : Prabhash Ranjan
language : en
Publisher: Oxford University Press
Release Date : 2019-04-24
India And Bilateral Investment Treaties written by Prabhash Ranjan and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-24 with Performing Arts categories.
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.
The Brics In The New International Legal Order On Investment
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Author : Congyan Cai
language : en
Publisher: BRILL
Release Date : 2020-03-31
The Brics In The New International Legal Order On Investment written by Congyan Cai and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-31 with Law categories.
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.
Protection Of Foreign Investment In India And Investment Treaty Arbitration
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Author : Aniruddha Rajput
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-04-24
Protection Of Foreign Investment In India And Investment Treaty Arbitration written by Aniruddha Rajput and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-24 with Law categories.
India is one of the fastest growing economies and intends to achieve the desired growth with the help of foreign investment. Recently, India terminated all the existing Bilateral Investment Treaties (BITs) and announced to renegotiate them based on the newly issued Model BIT. This book is the first comprehensive commentary and analyses of international investment law with focus on India. It offers detailed examination of India’s legal position in relation to protection of foreign investment and the impact of investment treaty arbitration and related jurisprudence on the country’s governance structures and regulatory framework. Additionally, it reflects upon the political and economic rationales for the policy on foreign investment. Among the matters discussed are the following: • jurisprudence of investment tribunals, with focus on cases where India was a party (White Industries v. India); • impact of the Make in India campaign and other reforms on foreign investment; • requirement of valid entry and operation of foreign investment; • prominent treatment standards such as expropriation, fair and equitable treatment, full protection and security, most favoured nation, and national treatment; • dispute resolution clauses and enforcement of investment arbitration awards; • interaction of protection of foreign investment and the Indian judiciary; and • reasons for India not joining the ICSID Convention. Given India’s position as a hugely influential player in the cross-border movement of capital, with the willingness to ‘change the rules’ on foreign investment and investment treaty arbitration worldwide, this book will prove of immeasurable value to practitioners, legal academics, interested policy makers, multinational corporations and their counsel and others interested in international investment law and India.
The Political Economy Of The Investment Treaty Regime
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Author : Jonathan Bonnitcha
language : en
Publisher: Oxford University Press
Release Date : 2017
The Political Economy Of The Investment Treaty Regime written by Jonathan Bonnitcha and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Business & Economics categories.
Investment treaties are some of the most controversial but least understood instruments of global economic governance. Public interest in international investment arbitration is growing and some developed and developing countries are beginning to revisit their investment treaty policies. The Political Economy of the Investment Treaty Regime synthesises and advances the growing literature on this subject by integrating legal, economic, and political perspectives. Based on an analysis of the substantive and procedural rights conferred by investment treaties, it asks four basic questions. What are the costs and benefits of investment treaties for investors, states, and other stakeholders? Why did developed and developing countries sign the treaties? Why should private arbitrators be allowed to review public regulations passed by states? And what is the relationship between the investment treaty regime and the broader regime complex that governs international investment? Through a concise, but comprehensive, analysis, this book fills in some of the many "blind spots" of academics from different disciplines, and is the first port of call for lawyers, investors, policy-makers, and stakeholders trying to make sense of these critical instruments governing investor-state relations.
The International Rule Of Law
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Author : Heike Krieger
language : en
Publisher:
Release Date : 2019
The International Rule Of Law written by Heike Krieger and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
Introduction -- Historical perspectives -- Actor-centred perspectives -- System- oriented perspectives -- Justice and legitimacy.
Adjudicating Global Business In And With India
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Author : Leïla Choukroune
language : en
Publisher: Routledge
Release Date : 2021
Adjudicating Global Business In And With India written by Leïla Choukroune and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Business & Economics categories.
"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. This unique and exhaustive study will be of great appeal to a vast range of readers from practitioners to academia"--
Mediation In International Commercial And Investment Disputes
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Author : Catharine Titi
language : en
Publisher:
Release Date : 2019
Mediation In International Commercial And Investment Disputes written by Catharine Titi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
Until now, the resoluton of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But international mediation and conciliation are now coming to the fore. This book brings together a line-up of highly-qualified experts to address this topical, complex subject from a variety of angles.
Bilateral Investment Treaties 1995 2006
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Author :
language : en
Publisher: United Nations Publications
Release Date : 2007-01-01
Bilateral Investment Treaties 1995 2006 written by and has been published by United Nations Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-01-01 with Business & Economics categories.
"The secretariat of the United Nations Conference on Trade and Development (UNCTAD) is implementing a programme on international investment arrangements. It monitors the trends in IIAs and analyzes the emerging issues and development implications. It seeks to help developing countries participate as effectively as possible in international investment rulemaking. ... This paper is part of the programme's research and policy analysis on international investment policies for development. ... The main objective of this paper is to update UNCTAD's 1998 study entitled Bilateral Investment Treaties in the Mid-1990s and to identify trends in the normative developments of each of the elements typically addressed in BITs since this last stocktaking in 1998. The study traces and explains the new issues that have emerged in recent BITs and also sets out the implications of those developments for developing countries."--Pref.
Chinese Taiwan Yearbook Of International Law And Affairs Volume 38 2020
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Author :
language : en
Publisher: BRILL
Release Date : 2021-12-28
Chinese Taiwan Yearbook Of International Law And Affairs Volume 38 2020 written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-28 with Law categories.
Volume 38 of the Chinese (Taiwan) Yearbook of International Law and Affairs publishes scholarly articles and essays on international and comparative law, as well as compiles official documents on the state practice of the Republic of China (Taiwan) in 2020. The Yearbook publishes on multi-disciplinary topics with a focus on international and comparative law issues regarding Taiwan, Mainland China and the Asia-Pacific.