Model Bilateral Investment Treaties (BITs) lack a universal or centralized framework, but recent years have seen a rise in customized, country-specific templates tailored to reflect national priorities. Many countries have taken steps to develop and implement their own unique Model BITs to guide future treaty negotiations.
This book critically evaluates whether India should continue with a unified Model BIT—such as the 2015 version—or shift toward a more flexible, partner-specific model. Drawing on treaty texts, negotiation histories, and scholarly interpretations, it investigates the key investment provisions and how they differ across jurisdictions. The work underscores the diversity in international practice, noting that several countries have chosen not to rely on a single standard model.
Ultimately, the book proposes that India adopt an interest-driven approach to structuring and negotiating its investment treaties, allowing for greater responsiveness to evolving global and domestic priorities.
Key Highlights:
Offers a thorough analysis of the structure and foundational provisions of International Investment Agreements (IIAs)
Discusses reform trends in investment law, including developments under UNCITRAL Working Group III
Provides a comparative evaluation of investment provisions in FTAs and IIAs involving fifteen of India’s major trading partners, along with insights into India’s changing treaty practices
Recommends an "interest-based" negotiation framework for India’s future treaty-making efforts
Serves as a practical guide for policymakers, treaty negotiators, and legal practitioners involved in international investment