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...

Although India has been entangled in close to 15 bilateral investment treaty (BIT) arbitrations, Indian courts have had limited opportunities to deal with these arbitrations. In this paper, we examine the interactions between BIT arbitration and Indian courts through a study of three domestic...

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...

In the global backdrop of backlash against bilateral investment treaties (BITs) and the investor-State dispute settlement (ISDS), this paper critically studies India's new Model BIT, adopted in 2016 as a response to increasing number of ISDS claims brought against India. The paper studies the...

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...

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 is a critical study of...

The focus of this chapter is on monetary transfer provision (MTP). MTPs in BITs regulate the transfer of funds related to investment in and out of the host country. The chapter starts by introducing Capital Flow Management (CFMs) and the different ways by which international law regulates the...