• Host Centered to Mutual Compromise: A Comparative Analysis of the Indian Model BIT and India-Brazil Investment Cooperation and Facilitation Treaty

    Author(s):
    Anoushka Shetty, Government Law College, Mumbai, Michelle D\'Souza, Jindal Global Law School, Sonipat
    Contributor(s):
    IJLLR (see profile)
    Date:
    2021
    Subject(s):
    Law
    Item Type:
    Article
    Permanent URL:
    http://dx.doi.org/10.17613/knzt-3694
    Abstract:
    India’s progression from the ambiguous 2003 Model BIT to the unequivocal 2016 model signified a shift in its approach to investment treaties from an investor-friendly model to a host-centric model. Amidst this novel investment landscape, this paper seeks to critically trace the shift in the paradigm structure of BITs. The conflicting themes analysed in this paper, first examines the 2016 provisions aimed at protecting the interest of the host state and correlates these provisions to those in the India-Brazil Investment Cooperation and Facilitation Treaty (ICFT) which contravenes the purpose of the 2016 Model. The ICFT is also distinctive for being India’s first digression from the 2016 Model. The paper chiefly seeks to analyse how analogous the 2016 Model BIT is to the 2020 India- Brazil treaty.
    Metadata:
    Published as:
    Journal article    
    Status:
    Published
    Last Updated:
    4 months ago
    License:
    Attribution-NonCommercial
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