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India and Bilateral Investment TreatiesRefusal, Acceptance, Backlash$
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Prabhash Ranjan

Print publication date: 2019

Print ISBN-13: 9780199493746

Published to Oxford Scholarship Online: August 2019

DOI: 10.1093/oso/9780199493746.001.0001

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BITs Come Home to Roost but No Philip Morris Moment Yet!

BITs Come Home to Roost but No Philip Morris Moment Yet!

(p.219) 6 BITs Come Home to Roost but No Philip Morris Moment Yet!
India and Bilateral Investment Treaties

Prabhash Ranjan

Oxford University Press

This chapter studies closely the ISDS claims brought against India. A careful analysis shows the following: First, cases like White Industries v. India and Devas Multimedia v. India expose the broad and vague language of Indian BITs. Second and equally important is the fact that these cases show that none of the claims have been brought against India because India exercised her sovereign public power in good faith in order to attain an important public policy goal such as protection of the environment or promotion of public health etc. All these claims have arisen against India mainly due to bad regulation. Third, these ISDS claims also show the failure of the organs of the Indian State to be sufficiently sensitive to India’s BIT obligations. Fourth, a closer study of these cases especially of the cases brought by Vodafone and Cairn energy shows India’s hostile attitude towards ISDS.

Keywords:   Vodafone, White Industries, Cairn Energy, retrospective taxation, telecom licenses, MFN, essential security interest, necessary

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