Investor obligations in India’s new bilateral investment treaties: Emergence of new treaty practice

Ranjan, Prabhash (2022) Investor obligations in India’s new bilateral investment treaties: Emergence of new treaty practice. Asian Yearbook of International Economic Law. pp. 1-20. ISSN 2662-7523

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Abstract

Typically, Bilateral investment treaties (BITs) are unidimensional instruments that confer rights on foreign investors and impose obligations on host States. As the backlash against international investment law has intensified in the last few years, this structural aspect has come under increasing scrutiny. The argument is that BITs should also impose obligations on foreign investors to bring a semblance of balance. In view of this, the paper examines the issue of investor obligations in the case of India’s new investment treaty practice. After being sued by several foreign investors, India set on the path of developing a new Model BIT with the objective to strike a balance between investment protection and host State’s right to regulate. As part of this, India is developing a new treaty practice where obligations are imposed on foreign investors. However, these obligations are negative in nature often exist in the form of best endeavour clauses. The paper argues that India should develop its treaty practice so as to impose positive obligations on foreign investors.

Item Type: Article
Keywords: Bilateral investment treaties (BITs) | International Investment Law
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 01 Jul 2022 11:37
Last Modified: 01 Jul 2022 11:37
Official URL: https://link.springer.com/chapter/10.1007/16517_20...
URI: https://pure.jgu.edu.in/id/eprint/3558

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