This paper analyses the texts on Agriculture and NAMA that emerged from the VI ministerial meeting of the World Trade Organisation (WTO) in Hong Kong (HK) from 13-18 December 2005, which was projected as a ‘success.'

Many bilateral trade agreements signed by developing countries contain intellectual property rights rules more stringent than the standards given in the TRIPS agreement. These are known as TRIPS plus provisions. This article discusses whether the most favoured nation (MFN) clause occurring in...

After being hit recently by many ISDS claims under different BITs, including one by Australian investors challenging delays in its legal system, India adopted a new Model BIT 2016 to guide negotiations which ostensibly balances the rights of foreign investors with the host State's right to...

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...

The purpose of this chapter is to analyse the impact of national contestation of international investment law on international rule of law elements adopted by international investment law. These national contestations have triggered a public debate and churning on how to re-craft BITs in a...

One of the controversial issues in international investment law disputes has been the interpretation of ‘necessary' in the Non Precluded Measures (NPM) provision in bilateral investment treaties (BITs). Investor-State Dispute Settlement (ISDS) tribunals have employed different methodologies to...