Bespoke Treaties or Standard Models?-A Study of International Investment Treaty Provisions of Indias Key Trade Partners

Model Bilateral Investment Treaties (BITs) do not have a centralised framework, however, tailored and country-specific model investment treaties are emerging across the globe. At one point, most countries embarked on drafting and adopting their own Model BITs. 

The book examines whether it is in India’s interest to maintain a single Model BIT along the lines of the 2015 version or to adopt a bespoke model which is tailored to meet the demands and sensitivities of individual negotiating partners. Based on a critical analysis of the treaty texts, negotiation history, and legal scholarship, it explores the substantive elements of investment provisions and their differences across jurisdictions. It highlights the disparate practices among countries, many of which have not adhered to a single Model BIT or standard template.

Ultimately, the work recommends adopting an interest-based approach towards negotiating India’s investment provisions.

Key Features:

• A comprehensive examination of the architecture and core provisions of International Investment Agreements (IIAs)
• Analysis of ongoing reform efforts in international investment law, with a focus on UNCITRAL Working Group III proceedings
• A detailed comparative analysis of investment provisions in FTAs/IIAs across fifteen of India’s key trading partners, alongside an assessment of India’s evolving investment framework in its own FTAs
• Advocates the need for an “interest-based” approach to guide India’s future IIA negotiating strategy
• A ready reckoner for those who negotiate investment treaties