Home Research Agenda News and Events Publications Team Contact


KFG welcomes new senior fellow: Christian J. Tams

On 01 January 2018, Prof. Dr. Christian J. Tams joined the Research Group as a new senior fellow.

read the whole text here

Video of Thomas Franck Lecture by Andrea Bianchi, 4 December 2017

Watch the video of the lecture "The Unbearable Lightness of International Law" here.

read the whole text here

Video of Thomas Franck Lecture by Angelika Nußberger, 30 November 2017

Watch the video of the lecture "From high hopes to disillusionment? Human rights protection in Europe in an ever more hostile environment." here.

read the whole text here
Contact us:
Berlin Potsdam Research Group
International Law - Rise or Decline?
Unter den Linden 6
10099 Berlin
Tel: +49 (0)30 2093-3322
e-Mail: info(at)kfg-intlaw.de
subscribe to mailing list

funding by
Deutsche Forschungsgemeinschaft

Working Papers

KFG Working Paper Series No. 10

Protection of Foreign Investment in India and International Rule of Law: Rise or Decline?

Aniruddha Rajput - Download PDF PDF


This paper narrates the changes in the Indian policy towards foreign investment and analyses them in the backdrop of overall changes in the field of international law and particularly within the framework of the international rule of law. The policy changes that have taken place in India can be categorised into three periods. The first period commences after independence from colonial rule. This period is intriguing. At the international level, India insisted on national treatment for foreign investment and supported the New International Economic Order. Domestically, however, nationalisation was not pursued, and even when pursued, was not applied to foreign investors. This period continued until the 1990s when India faced serious economic problems and this coincided with the high point of the Washington consensus, often seen as the rise of the international rule of law. During this time, national treatment was abandoned and innumerable investment treaties granting liberal protection were entered into. This process ended abruptly after India lost the first investment case. This turn of events comments the third period, where efforts were made towards balancing between investor protection and conserving regulatory freedom. Although this period may appear to be a decline of the international rule of law, a nuanced approach shows that it is rather a rise. India has not withdrawn from the system of investor protection, as has been done by some other States. This period is characterised by extensive and detailed treaties to replace the prior sketchy treaty provisions. This is a move towards a more rule based investment protection.

Freie Universität Berlin      Hertie School of Governance in Berlin      Humboldt-Universität zu Berlin      Universität Potsdam      WZB Berlin
          © 2017 KFG International Law - rise or decline?
login      Imprint