India and International Dispute Settlement: Some Reflections on India's Participation in International Courts and Tribunals

Abstract

The objective of this chapter is to explore the approach of India towards international dispute settlement. In this paper we argue that despite their being a general acceptance of international dispute settlement on part of India, there exists certain degree of selectivity as far as different fields of international dispute settlement are considered – for instance, where India is comfortable in accessing World Trade Organization (WTO) for redressal of trade disputes, of late it has been shying away from investor-state dispute settlement (ISDS). The paper also argues that so far as the dispute settlement mechanism indulges states, India seems comfortable. However, where it comes to dispute settlement between individuals and states, there remains a certain degree of hesitance on part of India. This paper undertakes an institution wise study of India’s position on international dispute settlement and an attempt shall be made to distill an approach for India.

Keywords: India, International Dispute Settlement, International Law