Investor-State dispute settlement (ISDS) cases and India: affronting regulatory autonomy or indicting capricious state behaviour?

Ranjan, Prabhash (2021) Investor-State dispute settlement (ISDS) cases and India: affronting regulatory autonomy or indicting capricious state behaviour? Journal of International Trade Law and Policy, 21 (1). pp. 42-64. ISSN 14770024

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Abstract

The dominant narrative in the investor-State dispute settlement (ISDS) system is that it enables powerful corporations to encroach upon the regulatory power of developing countries aimed at pursuing compelling public interest objectives. The example of Phillip Morris, the tobacco giant, suing Uruguay’s public health measures is cited as the most significant example to prove this thesis. The other side of the story that States abuse their public power to undermine the protected rights of foreign investors does not get much attention.

Item Type: Article
Keywords: Bilateral Investment Treaties | BIT | India | Investment Treaty | ISDS | Regulation | Retroactive Taxation
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 08 Feb 2022 10:52
Last Modified: 21 Feb 2023 11:33
Official URL: https://doi.org/10.1108/JITLP-10-2021-0053
URI: https://pure.jgu.edu.in/id/eprint/1130

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