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Bilateral Investment Treaties: Concept and History


By Neha Srivastava, Dr. Ram Manohar Lohiya National Law University*.



Abstract


Bilateral Investment Treaties (BITs) are a policy tool for promoting and protecting foreign direct investment (FDI). FDI is simply defined as a type of investment by a resident of one country in an enterprise in another country, indicating a significant influence and long-term interest. In the age of globalisation, FDI is regarded as an essential component of a free and prosperous global economic system and a key development tool[1]. The proposed study will investigate these treaties and their impact on policy space, focusing on the BITs signed by India. It is argued that BITs limit sovereign governments' ability to take policy measures to promote and protect domestic development goals. Policy space is defined as an autonomous decision-making space that a host country government considers essential for promoting and protecting its citizens' basic needs[2].


 

* The author is pursuing Ph.D. from Dr. Ram Manohar Lohiya National Law University. [1] India and Bilateral Investment Treaties, PRS Legislative research, available at: https://prsindia.org/policy/report-summaries/india-and-bilateral-investment-treaties#:~:text=BITs%20establish%20minimum%20guarantees%20between,protection%20from%20expropriation%20(limiting%20each (last visited on 01-03-2023) [2] Bilateral treaty, Britannica, available at: https://www.britannica.com/topic/bilateral-treaty (last visited on 01-03-2023)


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Journal Details
Abbreviation: NLR 

ISSN:   2582-8479 (O)

Year of Starting: 2020

Place: New Delhi, India

Accessibility: Open Access

Peer Reviewer: Double Blind

Licensing:

 

​All research articles published in NLR and are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution, and reproduction in any medium provided the original work is properly cited.

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