Indian International Investment Agreements and “Non Investment Concerns”: time for a right(s) approach

This article reviews India’s International Investment Agreements including its Bilateral Investment Treaty models in the light of Non Investment Concerns (NIC) and the integration—or not—of related measures furthering the State’s normative autonomy. In this context, particular attention is paid to the following issues: the right to regulate, human rights, development, labour, corporate social responsibility, the environment and anti-corruption. While certainly subjective, this perspective is based on today’s most recurring treaty practices, which respond, even timidly, to pressing “societal” challenges treaty drafters and adjudicators do not yet dare to formulate in a rights, and precisely human rights, language. The paper later shows the importance of a right-based approach in a changing international context and concludes in favour of a greater and original integration of NIC in India’s current negotiations and treaty drafting.