Non Precluded Measures in Indian International Investment Agreements and India's Regulatory Power as a Host Nation
2 (1) Asian Journal of International Law 2012, 29-58
Posted: 13 Aug 2013
Date Written: January 1, 2012
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 divergence in their formulation and argues that the present formulation of NPM provisions in Indian IIAs is inadequate for the exercise of regulatory power by India for all its policy needs. Hence, in light of the growing pros and cons of investor treaty arbitration (ITA), the paper concludes that NPM provisions in Indian IIAs should be reformulated in a manner that balances investment protection with India’s regulatory power to pursue non-investment related policy objectives.
Keywords: India, International Investment Agreements, Bilateral Investment Treaties, Non Precluded Measures
JEL Classification: K33
Suggested Citation: Suggested Citation