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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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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 27 November 2020

Mapping the Backlash

Mapping the Backlash

Once BITten Many Times Shy!

Chapter:
(p.267) 7 Mapping the Backlash
Source:
India and Bilateral Investment Treaties
Author(s):

Prabhash Ranjan

Publisher:
Oxford University Press
DOI:10.1093/oso/9780199493746.003.0007

The chapter discusses how different actors or stakeholders such as the parliament, the government, civil society etc. started reacting to India’s BITs once India was flooded by ISDS claims. The reactions varied from asking the purpose of BITs, examining do BITs lead to greater FDI inflows, questioning the relationship between BITs and India’s right to regulate. There was a much deeper engagement with BITs in this phase than we saw in the ‘embracement’ phase. India launched the review of BITs in this phase and took certain decisions, which can be described as backlash against BITs. For instance, India terminated some of its BITs and also adopted a new Model BIT. The faith that India had showed towards BITs in the ‘embracement’ phase stood shaken.

Keywords:   backlash, right to regulate, internalized, Model BIT

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