The BITs in the Age of Globalization. Comparative Study Between Old and New Problems. India, EU, USA, ASEAN and BRICS

      Аннотация: India's BIT program is the largest among the developing countries and its integration into the global economy has also increased its exposure to BIT claims, including the first judgment ITA in White Industries Australia Limited v. Republic of India. Several foreign corporations presented ITA notices against various Indian regulatory measures prompting India to suspend all trading of BITs in progress that led to a change in its position in the International investment law regime with repercussions in the International business community eager to participate in its business. These recent developments have then determined the need to review India's BIT program in a global vision in which the second phase (2011 to present), compared to the first (1994-2010), is characterized by a significant involvement in the ITA. The paper 'International Investment Agreements Between India and Others Countries' (2011), showed the importance of ensuring a balance between investor rights and national policy which India has not been able to make guarantor pushing in different circumstances to revise their existing BITs and defining new perspectives for future negotiations.

Ключевые слова: bilateral investment treaties, Corruption, Expropriation, fair and equitable treatment, International law, most favoured nation, NATIONAL TREATMENT, nationality, Sustainable development, Arbitration Clauses, FDI, Foreign direct investments