Research Handbook on Environment and Investment Law
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Research Handbook on Environment and Investment Law

Edited by Kate Miles

The Research Handbook on Environment and Investment Law examines one of the most dynamic areas of international law: the interaction between international investment law and environmental law and policy. The Research Handbook takes a thematic approach, analysing key issues in the environment–investment nexus, such as freshwater resources, climate, biodiversity, biotechnology and sustainable development. It also includes sections which explore regional experiences and address practice and procedure, and offers innovative approaches and critical perspectives, including the interface between foreign investment and the environment with human rights, gender, indigenous peoples, and economics.
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Chapter 13: Going green? The evolution of environmental provisions in India’s investment treaties

Romesh Weeramantry and Montse Ferrer

Abstract

India has had more BIT arbitrations filed against it than any other nation in Asia, despite it not having signed the ICSID Convention. As a result, in 2015 India released its Model BIT, which departed from its earlier models by significantly limiting the protections afforded to foreign investors. The Model BIT also includes important pro-environment provisions – in line with India’s general trend to protect its right to safeguard the environment in the context of investment arbitration. Yet these formal protections do not necessarily reflect India’s domestic approach to environmental needs, nor do they recognize the country’s relationship with foreign investment. This chapter examines this predicament and explores ways in which India is having to balance the environment, economic development and FDI when negotiating and enforcing its bilateral investment treaties.

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