This chapter discusses whether foreign investors, specifically pharmaceutical companies, could challenge India's regulatory measures that impact their patents under India's BITs. More specifically, the paper will focus on whether regulatory measures such as compulsory licensing of pharmaceutical...

Today the assets of foreign investors are protected by three distinct yet overlapping pillars: diplomatic pressure applied by the home state; political risk insurance purchased by the investor; and investor-host state legal arbitration. These pillars represent mutually reinforcing approaches to...