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ARTICLE · 18 OCTOBER 2016

A Wake-Up Call For The Indian Government

A country takes on an international obligation with the obvious intent of honouring its commitments under a specific instrument, to the fullest extent possible.

IndiaInternational Law

A country takes on an international obligation with the obvious intent of honouring its commitments under a specific instrument, to the fullest extent possible

Today, we see international agreements within the realm of cross-border trade and investment incorporating robust mechanisms for the enforcement of such obligations.

For instance, bilateral investment treaties (BITs), contain arbitration clauses that give a private investor the right to initiate legal proceedings against a foreign country, if it has breached investment protection standards. Such standards, typically, require the host state to mete out fair and equitable treatment (FET) to the investor, alongside assuring the investor that it shall not illegally expropriate an investor's investment.

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