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

Abstract

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

Ranjan, Prabhash, Non Precluded Measures in Indian International Investment Agreements and India's Regulatory Power as a Host Nation (January 1, 2012). 2 (1) Asian Journal of International Law 2012, 29-58, Available at SSRN: https://ssrn.com/abstract=2309185

Prabhash Ranjan (Contact Author)

South Asian University ( email )

Akbar Bhawan
Chankyapuri
Delhi, WA
India

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