India and Bilateral Investment Treaties

Refusal, Acceptance, Backlash

Ranjan Prabhash

$77.50

Hardback

Not in-store but you can order this
How long will it take?

Availability Information

We source books from suppliers in Australia and overseas. For books we don't currently have in stock, the time it takes to get them from our suppliers can vary widely - from a few days to a few months - so we check each book with each supplier to determine the expected time it will take to be supplied to us.

We then advise you accordingly. If the time taken to get any book is too long for you, you can let us know and we will cancel or adjust your order, and refund as required.

To find out the anticipated arrival time for specific items prior to ordering, please contact us by phone or email:

Phone +61 2 9264 3111, or 1800 4 BOOKS (1800 4 26657) if outside Sydney:
option 1 Abbey's Bookshop (Crime, History, Science, Kids & more) • info@abbeys.com.au
option 2 Language Book Centre (ESL & Foreign Languages) • language@abbeys.com.au
option 3 Galaxy Bookshop (Sci-fi, Fantasy, Romance, Graphic Novels) • sf@galaxybooks.com.au

QTY:

English

OUP India
29 June 2019

Investment treaties & disputes; Financial law

Many countries have started contesting international investment treaties that allow foreign corporations to sue sovereign States for alleged treaty breaches at international arbitration fora. This contestation has taken the form of either countries terminating their investment treaties or walking out of the investor-State dispute settlement (ISDS) system. India has also jumped on the contestation bandwagon. As a consequence of being sued by more than 20 foreign investors, India terminated close to 60 investment treaties and adopted a new model bilateral investment treaty (BIT) purportedly to balance investment protection with the host State's right to regulate. This book studies critically India's approach towards BITs by tracing its origin, evolution, and the current state of play. The book does so by locating it in India's economic policy in general and policy towards foreign investment in particular. India's approach towards BITs and its policy towards foreign investment were consistent with each other in the periods of economic nationalism (1947-1990) and economic liberalism (1991-2010). However, post 2010, India's approach to BITs has become protectionist while India's foreign investment policy continues to be liberal. In order to balance investment protection with the State's right to regulate, India needs to evolve its BIT practice based on the twin framework of international rule of law and embedded liberalism.

By: Ranjan Prabhash
Imprint: OUP India
Dimensions: Height: 222mm, Width: 146mm, Spine: 30mm
Weight: 558g
ISBN: 9780199493746
ISBN 10: 019949374X
Pages: 344
Publication Date: 29 June 2019
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Foreword Acknowledgements 1: Introduction Phase I: Refusal 2: Economic Nationalism: Refusal to Bilateral Investment Treaties Phase II: Acceptance 3: Economic Liberalism: Embracing Bilateral Investment Treaties 4: India's BITs: Mapping the Acceptance I 5: Mapping the Acceptance II Phase III: Backlash 6: BITs Come Home to Roost but No Philip Morris Moment Yet! 7: Mapping the Backlash: Once Bitten Many Times Shy! 8: The 2016 Indian Model BIT: Making the BIT Unworkable for Investors 9: Conclusion Annexure Index About the Author

Prabhash Ranjan teaches at the Faculty of Law, South Asian University, New Delhi.