Non-Precluded Measures Provisions in Bilateral Investment Treaties of South Asian Countries

Asian Journal of International Law, (2017) Vol. 7 Issue 2, pp. 227-263

Posted: 6 Sep 2016 Last revised: 17 Aug 2018

See all articles by Amit Kumar Sinha

Amit Kumar Sinha

Faculty of Law, University of Delhi

Date Written: April 28, 2016

Abstract

This paper provides a first-ever detailed study of NPM provisions in all stand-alone BITs which are in force in South Asian countries. It studies 147 BITs of South Asian countries in order to map the NPM provisions in them. It makes an in-depth analysis of the NPM provisions found in these BITs, and then makes an analysis of the consequences of not having NPM provisions in BITs. This follows the dissection of the NPM provisions found, so as to study each and every permissible objective and nexus requirement link in these provisions. This is followed by suggestions and conclusions, where the paper holds that NPM provisions are not sufficiently used in the BITs of these countries and these countries should incorporate this provision more frequently in order to ensure some much-needed regulatory latitude to these countries.

Keywords: BITs, NPM Provisions, South Asia

JEL Classification: K33

Suggested Citation

Sinha, Amit Kumar, Non-Precluded Measures Provisions in Bilateral Investment Treaties of South Asian Countries (April 28, 2016). Asian Journal of International Law, (2017) Vol. 7 Issue 2, pp. 227-263, Available at SSRN: https://ssrn.com/abstract=2834558

Amit Kumar Sinha (Contact Author)

Faculty of Law, University of Delhi ( email )

Chhatra Marg
New Delhi, Delhi 110007
India

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