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Q-IEL Seminar: India and Investor-State Dispute Settlement

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Date(s)
January 21, 2025
Location
Online
Time
12:00 - 13:00
Price
Free of charge
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Q-IEL Seminar: India and Investor-State Dispute Settlement: Affronting Sovereignty or Indicting Capriciousness

Tuesday 21 January at 12:00 online

Event Speakers:

Author: Professor Prabhash Ranjan - Jindal Global Law School

Professor Prabhash Ranjan will be discussing his new book, "India and Investor-State Dispute Settlement: Affronting Sovereignty or Indicting Capriciousness" (Routledge: 2024). The book explores the two competing narratives of investor-state dispute settlement (ISDS) and focuses on the six ISDS cases India lost. On the one hand, ISDS is chastised for affronting the State’s sovereign regulatory power – the Philip Morris narrative. On the other hand, ISDS allows investors to hold States accountable for abuse of public power – the Yukos narrative. This book argues that India’s ISDS story resembles the Yukos narrative.

With a focus on six case studies, this book examines the reasons that led to foreign investors suing India and the following developments. These ISDS claims are divided into four categories: a case arising from judicial actions, claims brought because of the cancellation of a contract to lease spectrum, conflicts resulting from the imposition of retroactive taxes, and disputes arising from the actions of sub-national governments. Based on India’s recent treaty practice, the book also contends that India is de-legalizing and de-judicializing international investment law. By telling India’s ISDS story, the book drives home the point that rectifying the ISDS system's flaws requires both narratives' centrality. Excessive focus on the Philip Morris narrative will replace the existing imbalances with a new one where the scale tilts towards the States to the detriment of foreign investment.

Event type
Lecture / Talk / Discussion
Department
School of Law
Audience
All
Undergraduate Students
Postgraduate Students
Academics / Researchers
Staff
Alumni
Hashtag
legal, international trade,
Venue Information
Yes
Add to calendar
Tags
legal international trade
Subject/Theme
Academic
International
Legal
Event Organiser Details
Name Deaglan Coyle
Phone 02890973293
Email d.p.coyle@qub.ac.uk
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