Emerging Trends in International Trade and Investment Law: A Critical Analysis of India’s New Overseas Investments Regime and its Position in the International Investment Landscape

  • Abhishek Bhardwaj and Eshita Gupta
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  • Abhishek Bhardwaj

    Student at Amity Law School, Noida, India

  • Eshita Gupta

    Student at Amity Law School, Noida, India

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This research paper focuses on emerging trends in international trade and investment law, with a specific emphasis on recent changes in India's overseas investment regulations. It comprises four parts, each addressing critical aspects of the evolving global investment landscape. Part 1 gives an overview of current trends in international trade and investment law, analyzing the impact of rapid globalization on cross-border investments and the complexity of legal frameworks governing foreign investments. It also examines the rise of bilateral and regional investment agreements and the role of investor-state dispute settlement mechanisms. Part 2 critically examines India's recent overhaul of overseas investment rules. It delves into key amendments and policy shifts aimed at attracting foreign investments and fostering economic growth. A comparative analysis of old and revamped regulations highlights the motivations behind these changes and their potential implications for India's investment climate. Part 3 provides an in-depth analysis of India's new overseas investments regime, exploring legal, economic, and political considerations that shaped the policy framework. It evaluates potential challenges and opportunities arising from the new rules, including their impact on ease of doing business in India and facilitation of outbound investments. Part 4 assesses India's position in the international investment regime. It considers the country's historical investment treaty practices, engagement with international investment agreements, and participation in investor-state dispute resolution mechanisms. The paper seeks to provide insights into India's stance on foreign investments and its potential influence in shaping international investment law.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 4, Page 1705 - 1735

DOI: https://doij.org/10.10000/IJLMH.115587

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