000 02157nam a22002177a 4500
003 JGU
005 20241025020012.0
008 240827b |||||||| |||| 00| 0 eng d
020 _a9781032349046
_qhbk.
040 _beng
_cJGU
041 _aeng
100 _aRanjan, Prabhash,
_91663116
_eauthor
245 _aIndia and investor-state dispute settlement :
_baffronting sovereignty or indicting capriciousness? /
_cPrabhash Ranjan.
260 _aOxon :
_bRoutledge,
_c2024.
520 _a"Ranjan explores the two competing narratives of investor-state dispute settlement (ISDS) and focuses on the six ISDS cases India lost. On the one hand, ISDS is chastised for affronting the State's sovereign regulatory power - the Philip Morris narrative. On the other hand, ISDS allows investors to hold States accountable for abuse of public power - the Yukos narrative. This book argues that India's ISDS story resembles the Yukos narrative. With a focus on six case studies, this book examines the reasons that led to foreign investors suing India and the following developments. These ISDS claims are divided into four categories: a case arising from judicial actions, claims brought because of the cancellation of a contract to lease spectrum, conflicts resulting from the imposition of retroactive taxes, and disputes arising from the actions of sub-national governments. Based on India's recent treaty practice, the book also contends that India is de-legalizing and de-judicializing international investment law. By telling India's ISDS story, the book drives home the point that rectifying the ISDS system's flaws requires both narratives' centrality. Excessive focus on the Philip Morris narrative will replace the existing imbalances with a new one where the scale tilts towards the States to the detriment of foreign investment. A useful reference for scholars and practitioners interested in ISDS and its implications for India"--
650 _aInvestments, Foreign--Law and legislation--India.
_9569149
650 _aInvestments--Law and legislation--India.
_9569150
999 _c3092436
_d3092436