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The chapter comprehends the issue of protecting security interests in international investment law by dividing the discussion in two parts. First, it examines the issue of protecting security interests in those BITs that specifically allow the host state to deviate from its treaty obligations in...
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There has been an exponential growth in International Investment Agreements (IIAs), signed by countries to protect foreign investments, in last two decades. These agreements provide broad standards of treatment and give private investors the right to challenge allegedly treaty-inconsistent...
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This paper provides the first ever-detailed analysis of Non Precluded Measures (NPM) provisions in India’s International Investment Agreements (IIAs) from the perspective of India’s regulatory power as a host nation. It critically analyses NPM provisions in 57 Indian IIAs by studying the...
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This paper aims to deduce the object and purpose of the Indian International Investment Agreements (IIAs) by studying the title, preambles and the text of 69 Indian IIAs. It provides a brief description of the Indian IIA programme and the policy objectives behind entering into IIAs is important...
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International Investment Agreements (IIAs), signed by countries to protect and boost investment, restrict the regulatory discretion of these countries. This dissertation examines Indian IIAs and how they impact India's regulatory discretion by analysing four features namely definition of foreign...
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India's decision to adopt a new model BIT especially in light of the growing debate on how to reconcile investment protection with host State's right to regulate, should be welcomed. India, at last, woke up, courtesy foreign investors suing India under different BITs, to the reality that broad...
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