Thus the foreign investor cannot bring an isds claim

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Thus, the foreign investor cannot bring an ISDS claim even if taxes imposed are confiscatory, discriminatory or unfair . However, in the Israeli model, taxation-related measures are recognised as an exception only to MFN and national treatment provisions. Foreign investors can still challenge taxation-related measures for violating other BIT provisions such as the fair and equitable treatment or expropriation. India’s recent record in administering its taxation laws has made foreign investors jittery . Conclusion: In sum, the Indian position on BITs is very pro-state, offering limited rights and protection to foreign investors. The Israeli position is the opposite. An India-Israel BIT looks difficult till both sides move away from their stated positions. Both sides should work towards having a BIT that reconciles investment protection with a state’s right to regulate. GS II: BILATERAL –INDIA-IRAN 31. India needs to work with Iran to resolve bilateral irritants affecting economic ties. Comment. Kashmir Issue: India has always been wary of Iran’s support for Pakistan in the Organisation of Islamic Cooperation (OIC) regarding Kashmir Farzad B gas field: Iran seems to be in no hurry to decide on awarding the contract for gas exploration in its Farzad B offshore field to ONGC Videsh. Pending a decision on the contract, India has decided to decrease the volume of Iranian crude oil it will be buying this year. There have been reports that Tehran has signed an initial agreement for the gas field with Russian giant Gazprom. For India, which stood by Iran during the height of its global isolation, this is certainly galling.
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47 | Page 9004418746 [email protected] Chabahar port: Further, the slow pace of the Chabahar port project has irked the Iranians and they have indicated that despite India developing the project, it won’t be exclusive to the country . Pakistan and China might also be invited to get involved. For India, this undercuts the very strategic utility of the port — viewed as India’s answer to the Gwadar port that will allow it to circumvent Pakistan and open up a route to landlocked Afghanistan . GS II : BILATERAL – INDIA-CHINA 32. The recent tri-junction standoff between India and China has to be deftly de-escalated. Clearly discuss the concerns involved while making a case for de-escalation of tensions. The present India-China stand-off: Since 2010, nearly 2,500 Chinese “transgressions” have been recorded on the Line of Actual Control (LAC), the undefined border between India and China. But this is not a typical stand-off. The point, or area, of discord is unrelated to the India-China territorial dispute. The present stand-off is near the India-China-Bhutan tri-junction, and in an area where both China and Bhutan hold competing territorial claims.
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