The Jindal Global Law Review (JGLR) is the flagship law journal of the Jindal Global Law School, O.P. Jindal Global University. JGLR, a faculty edited publication, was first published in 2009 and seeks to promote original and diverse legal scholarship in a global context and is currently published by Springer. Since its second issue, the JGLR has sought to construct its contributions around broad themes. Focus on selected themes lends context and a degree of intellectual consistency to its varied constituent articles and reviews.
India’s 2015 Model Bilateral Investment Treaty: Issues and Perspectives
India, in the mid 1990’s began entering into bilateral investment treaties (BITs), which gave foreign investors assurance about investing in a newly liberalized India. Though it is difficult to quantify the benefits of BITs, it invariably results in increased investment inflows, encourages transfer of technology and modern management skills.
This issue of the JGLR will explore issues and perspectives on India’s new Model BIT and how it will affect the investment climate in India. The range of possible topics is wide and seeks to provide a closer look at India’s approach to investment treaty negotiations.
Some of the significant questions that may be considered for this issue include:
- What are the reasons that led India to adopt a new model of bilateral investment agreement? Are these reasons sufficiently addressed in the 2015 Model BIT?
- Are the substantive and procedural terms of the Model BIT calibrated to advancing India’s long-term interests? What are the benefits and shortcomings of the new Indian model?
- Does India’s Model BIT reflect lessons learned from its own experience, of other southern / developing countries, or from northern / developed countries?
- What are the constraints the 2015 Model BIT faces? Is it likely to retain its character or will it get diluted in the process of treaty negotiations? Can India draw lessons from comparative efforts in other countries?
- What strategies should India adopt to integrate its new BIT strategy in negotiations of investment chapters included as part of broader preferential trade agreements? Is the new model integrated with India’s approach under other International Investment Agreements (IIAs) like those concluded with ASEAN, Japan and Korea?
- What should be India’s approach to the recent developments on investor-state dispute settlement under existing IIAs?
Keeping in mind these aspects, this issue of JGLR proposes to engage in a rigorous and critical analysis of the imperatives of India’s Model Bilateral Investment Treaty, how it aims to protect India from foreign claims and confrontations, how future negotiations with other countries will mold India’s investment agreements, and whether India’s model BIT will play a role in the development of International Investment Law.
- Submissions can be in the form of articles, essays, book reviews and comments / notes and should be emailed to the address listed below in an MS Word *.doc (Times New Roman, font size 12, double spacing) format.
- Articles and essays should be of 8,000 to 10,000 words and comments and notes should be of 4,000 to 5,000 words (including footnotes).
- The Blue Book Citation Style is strongly encouraged.
Contributors should email a 500 word Abstract of their submission by 15th June, 2016 to firstname.lastname@example.org. The deadline for accepting final submissions is 15th August, 2016. Since JGLR follows a double-blind peer review process, it is imperative that contributors stick to the deadlines.
Jindal Global Law Review
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