2015
DOI: 10.1163/22119000-01606005
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Comparing Investment Provisions in India’s FTAs with India’s Stand-Alone BITs

Abstract: Rising investment treaty arbitration claims against India have resulted in India taking first steps towards a new investment treaty practice. This article argues that this practice should aim at reconciling investment protection with investment regulation. By comparing the formulation of key jurisdictional and substantive provisions in India’s stand-alone bilateral investment treaties (BITs) with those in investment chapters in India’s free trade agreements (FTAs), this article shows that formulations in FTAs … Show more

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Cited by 19 publications
(4 citation statements)
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“…2 India employs a Model BIT as a template, so all BITs are pretty similar. BITs have been signed annually (see Figure 2) as a part of economic liberalization reforms launched in 1991 (Ranjan, 2015). Jandhyala et al (2011) note that such a practice was typical for developing countries at that timethey formed many BITs among themselves without profound concerns about possible economic consequences.…”
Section: The Role Of Bits In the Indian Investment Policymentioning
confidence: 99%
See 2 more Smart Citations
“…2 India employs a Model BIT as a template, so all BITs are pretty similar. BITs have been signed annually (see Figure 2) as a part of economic liberalization reforms launched in 1991 (Ranjan, 2015). Jandhyala et al (2011) note that such a practice was typical for developing countries at that timethey formed many BITs among themselves without profound concerns about possible economic consequences.…”
Section: The Role Of Bits In the Indian Investment Policymentioning
confidence: 99%
“…India employs a Model BIT as a template, so all BITs are pretty similar. BITs have been signed annually (see Figure 2) as a part of economic liberalization reforms launched in 1991 (Ranjan, 2015). Jandhyala et al.…”
Section: The Role Of Bits In the Indian Investment Policymentioning
confidence: 99%
See 1 more Smart Citation
“…Clear evidence of this is that these countries have only signed comprehensive economic partnership agreements with outside countries, such as Singapore, Japan, Korea and China (Mukherji, 2011). It is also noticeable that India has committed significantly to Southeast Asian countries but has not shown the same level of commitment to concluding FTAs with its South Asian countries (Ranjan, 2015). The other important observation is that agreements on services have only been concluded with countries outside the region.…”
Section: Discussion: Benchmarking South Asian Free Trade Agreements W...mentioning
confidence: 99%