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After a run of adverse investor-state dispute settlements, India has recently denounced all its erstwhile investment treaties. New investment treaties need to be negotiated on the basis of a new Model Treaty that privilege state rights over investor rights. We study the impact of bilateral...
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Commencing in the 1990s, India signed a number of bilateral investment treaties (BITs), however, after a spate of …
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The UN Sustainable Development Goals (SDGs) prominently stress the importance of foreign investment for sustainable development. Yet, International Investment Agreements (IIAs) are frequently perceived to impede the regulatory powers of host states to adopt the sustainability policies necessary...
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's regulatory measures that impact their patents under India's BITs. More specifically, the paper will focus on whether regulatory … expropriation under India's bilateral investment treaties (BITs). The discussion in the chapter shows that pharmaceutical patents … would easily qualify as foreign investments under Indian BITs especially when the economic characteristics test is not to be …
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