It Is Not a BIT Race, It Is a BIT Marathon: Comparing Pakistan’s and India’s Evolving Approach to Investment Policy

IF 0.4 Q3 LAW

Journal of International Arbitration Pub Date : 2022-10-01 DOI:10.54648/joia2022028

R. Rangachari, K. Duggal, Fatima Aslam, A. Wahid

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Abstract

India and Pakistan initiated their journeys from distinct starting points, yet have since adopted similar approaches to structuring their investment policies. These two large, developing nations differ politically, but both seek to attract foreign investment and have faced many complicated investment disputes. Because of the significant role that each of these countries play in the developing world within their respective spheres of influence, it is worth examining their experience. Indeed, India has recently terminated numerous Bilateral Investment Treaties (BITs) after restructuring its investment policy while Pakistan is contemplating amendments to its existing investment regime and may adopt a similar approach. Related developments on the international plane could also further support the countries’ stances on renegotiating and adopting a balanced approach to their investment policies. In the future, it would be interesting to observe whether other countries adopt similar approaches. Pakistan, India, investor-state dispute settlement, investment, investor, reform, expropriation, fair and equitable treatment, most-favoured-nation, developing world

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这不是一场BIT竞赛，这是一场BIT马拉松:比较巴基斯坦和印度不断演变的投资政策

印度和巴基斯坦从不同的起点开始了他们的旅程，但此后采取了类似的方法来构建他们的投资政策。这两个大型发展中国家在政治上存在分歧，但都寻求吸引外国投资，并面临许多复杂的投资争端。由于这些国家在各自的势力范围内在发展中世界发挥着重要作用，因此值得研究它们的经验。事实上，印度在调整投资政策后，最近终止了许多双边投资条约，而巴基斯坦正在考虑修改其现有投资制度，并可能采取类似的做法。国际层面上的相关事态发展也可能进一步支持这些国家在重新谈判和采取平衡的投资政策方面的立场。今后，不妨观察一下其他国家是否采取类似的做法。巴基斯坦、印度、投资者-国家争端解决、投资、投资者、改革、征用、公平公正待遇、最惠国待遇、发展中国家

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来源期刊

Journal of International Arbitration LAW-

CiteScore

0.60

自引率

50.00%

发文量

期刊介绍： Since its 1984 launch, the Journal of International Arbitration has established itself as a thought provoking, ground breaking journal aimed at the specific requirements of those involved in international arbitration. Each issue contains in depth investigations of the most important current issues in international arbitration, focusing on business, investment, and economic disputes between private corporations, State controlled entities, and States. The new Notes and Current Developments sections contain concise and critical commentary on new developments. The journal’s worldwide coverage and bimonthly circulation give it even more immediacy as a forum for original thinking, penetrating analysis and lively discussion of international arbitration issues from around the globe.