Private Greed vs. Public Interest: A Personal Account of the Healthcare Services in New Delhi

By Biswajit Dhar | Guest Blog | October 18, 2016

Plenty has been written on the state of the health services in the nation’s capital, both in popular press and academic reports, and many of these have also spoken of the suffering that a common woman/man has to undergo in the city’s hospitals and nursing homes. Unfortunately, these news stories and reports have ceased to appeal to the consciousness of their readers, especially the policy and law makers who have not only made this city their home, but also…

India’s New Model BIT: A Comparative Analysis

By Jane Kelsey | Guest Blog | May 6, 2016
investment agreements

The contemporary model of international investment agreements (IIAs), enforced through investor-state arbitration, is in turmoil, if not in crisis. An UNCTAD International Investment Arbitration Issues Note published in mid-2014 identified four pathways that had emerged: maintaining the status quo; disengaging from the regime; introducing selective adjustments; and engaging in systematic reform. In recent years Brazil, South Africa and India, three of the large and ascending powers from the global South known colloquially (alongside with Russia and China) as the…

The Perils of TPP and TTIP

By Alfred de Zayas | Guest Blog | May 2, 2016
TTIP Image

Numerous bilateral and multilateral trade and investment agreements have been and are being negotiated without proper consultation of stakeholders, mostly in secrecy and without public participation. The Transatlantic Trade and Investment Partnership (TTIP) and the Comprehensive Economic and Trade Agreement (CETA) between the European Union and Canada concern not only the United States but also the 28 States of the European Union.  As model for these new mega-treaties stands the Trans Pacific Partnership (TPP), which was signed by twelve…

RCEP Could Limit Access to Medicines

By Belinda Townsend | Guest Blog | April 25, 2016

As opposition to the Trans Pacific Partnership Agreement intensifies in the United States and Japan, Australia is presently hosting negotiations for another regional trade agreement which is raising serious concerns for worldwide access to medicines. Negotiators for the Regional Comprehensive Economic Partnership agreement (RCEP) are currently in Perth this week for their twelfth round of negotiations. RCEP is under negotiation between the ten ASEAN member states and the six countries that have existing trade agreements with ASEAN;…

Assessing India’s New Model Investment Treaty

By Joel Dahlquist and Luke Eric Peterson | Guest Blog | January 5, 2016
India new Model treaty

Following the release of a draft model investment treaty (discussed previously here), the Indian government last week unveiled a final version of its proposed negotiating text (click to download). As we note below, the final model walks back some of the most ambitious proposals in the earlier draft (for e.g. the scope for states to make counter-claims against investors in relation to certain investor responsibilities) – but leaves largely intact certain other innovations, such as the requirement for…