Ranjan, Prabhash
(2024)
India and International Investment Law.
In:
International Law in Pursuit of Global Justice.
Routledge.
ISBN 9781032708171
Abstract
International Investment Law (IIL), or the international law on foreign investment, deals with the international protection and promotion of foreign investment. Its most important source is the Bilateral Investment Treaty (BIT). BIT is a treaty between two countries aimed at protecting investments made by investors of both countries.1 BITs protect investments by imposing conditions on the regulatory behaviour of the host state and, thus, prevent undue interference with the rights of the foreign investor.2 These conditions include restricting host states from expropriating investments, barring for public interest with adequate compensation and following due process; imposing obligations on host states to accord fair and equitable treatment (FET) to foreign investment and not to discriminate against foreign investment; and allowing for repatriation of profits subject to conditions agreed to between the two countries. BITs also specify what constitutes an ‘investment’ and who qualifies as an ‘investor’. This ensures that BITs protect only such investments and investors. Today, BITs are the most important source of international investment law.3 The first BIT was signed in 1959 between West Germany and Pakistan. As of 2024, the number of BITs is close to 3,000.
Item Type: | Book Section |
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Subjects: | Social Sciences and humanities > Economics, Econometrics and Finance > Economics Social Sciences and humanities > Social Sciences > Human Rights Social Sciences and humanities > Social Sciences > International Relations Social Sciences and humanities > Social Sciences > Law and Legal Studies |
JGU School/Centre: | Jindal Global Law School |
Depositing User: | Mr. Gautam Kumar |
Date Deposited: | 01 Sep 2025 11:08 |
Last Modified: | 01 Sep 2025 11:08 |
URI: | https://pure.jgu.edu.in/id/eprint/10048 |
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