Mapping the Backlash

Abstract

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.