Bilateral investment treaties and the environment

Ranjan, Prabhash (2024) Bilateral investment treaties and the environment. In: The Oxford handbook of environmental and natural resources law in India. Oxford University Press, pp. 139-158. ISBN 9780191993701

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Abstract

Several investor-state dispute settlement (ISDS) cases demonstrate that the goal of investment protection and the state’s right to adopt environment-related regulatory measures might come face to face. Given this global backdrop, this chapter studies India’s bilateral investment treaties (BITs) and investment chapters in free trade agreements to find out whether they contain provisions that allow the host state to adopt measures for the protection of the environment. Most BITs signed by India during the period 1994 to 2010 contained very few provisions for the protection of the environment. India’s new treaty practice heralded by the adoption of the Model BIT in 2016 has changed this pattern.

Item Type: Book Section
Keywords: Bilateral investment treaties | Investor-state dispute settlement | International investment law | Free trade agreements | Investment
Subjects: Physical, Life and Health Sciences > Environmental Science, Policy and Law
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: 08 Oct 2024 09:37
Last Modified: 08 Oct 2024 09:37
Official URL: https://doi.org/10.1093/oxfordhb%2F9780198884682.0...
URI: https://pure.jgu.edu.in/id/eprint/8593

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