Search results

1 – 3 of 3
Per page
102050
Citations:
Loading...
Access Restricted. View access options
Article
Publication date: 18 December 2024

Prabhash Ranjan

This paper aims to show that India is decoupling its international investment law obligations from its international trade law obligations. This decoupling goes beyond the split…

29

Abstract

Purpose

This paper aims to show that India is decoupling its international investment law obligations from its international trade law obligations. This decoupling goes beyond the split between investment protection rules and trade agreements. If investment protection rules are missing from the trade agreement, it is a case of partial decoupling. If India does not legalize its investment relations with a country with whom it has signed a free trade agreement (FTA), either within or outside the trade agreement, it becomes a case of complete decoupling.

Design/methodology/approach

This paper follows doctrinal methodology. It compares India’s past FTA practice with the new one to show the dissimilarity between India’s FTA 1.0 and 2.0.

Findings

India’s new FTAs differ from the FTAs signed in the 2000s. Unlike the previous FTAs, the new ones do not contain investment protection rules. India is indulging in decoupling because it wants to de-legalize its international investment relations to exercise greater control over foreign investment. The paper concludes by observing that as India’s fundamental reason for signing FTAs is to be part of global value chains, it should consider including investment protection rules within its trade agreements.

Originality/value

No research yet compares India’s past FTAs with the new ones to show that investment protection is no longer part of India’s trade agreement practice.

Details

Journal of International Trade Law and Policy, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1477-0024

Keywords

Access Restricted. View access options
Article
Publication date: 7 December 2021

Prabhash Ranjan

The dominant narrative in the investor-State dispute settlement (ISDS) system is that it enables powerful corporations to encroach upon the regulatory power of developing…

325

Abstract

Purpose

The dominant narrative in the investor-State dispute settlement (ISDS) system is that it enables powerful corporations to encroach upon the regulatory power of developing countries aimed at pursuing compelling public interest objectives. The example of Phillip Morris, the tobacco giant, suing Uruguay’s public health measures is cited as the most significant example to prove this thesis. The other side of the story that States abuse their public power to undermine the protected rights of foreign investors does not get much attention.

Design/methodology/approach

This paper reviews all the ISDS cases that India has lost to ascertain the reason why these claims were brought against India in the first place. The approach of the paper is to study these ISDS cases to find out whether these cases arose due to abuse of the State’s public power or affronted India’s regulatory autonomy.

Findings

Against this global context, this paper studies the ISDS claims brought against India, one of the highest respondent-State in ISDS, to show that they arose due to India’s capricious behaviour. Analysis of these cases reveals that India acted in bad faith and abused its public power by either amending laws retroactively or by scrapping licences without following due process or going back on specific and written assurances that induced investors to invest. In none of these cases, the foreign investors challenged India’s regulatory measures aimed at advancing the genuine public interest. The absence of a “Phillip Morris moment” in India’s ISDS story is a stark reminder that one should give due weight to the equally compelling narrative that ISDS claims are also a result of abuse of public power by States.

Originality/value

The originality value of this paper arises from the fact that this is the first comprehensive study of ISDS cases brought against India and provides full documentation within the larger global context of rising ISDS cases. The paper contributes to the debate on international investment law by showing that in the case of India most of the ISDS cases brought were due to India abusing its public power and was not an affront on India’s regulatory autonomy.

Details

Journal of International Trade Law and Policy, vol. 21 no. 1
Type: Research Article
ISSN: 1477-0024

Keywords

Access Restricted. View access options
Article
Publication date: 28 October 2024

Ruksar Ali, Sujood, Ariba Naz and Mohd Azhar

The purpose of this study is to provide a review of the existing research landscape on work-life balance and women’s career motivation. It examines the relationship between…

170

Abstract

Purpose

The purpose of this study is to provide a review of the existing research landscape on work-life balance and women’s career motivation. It examines the relationship between work-life balance and career motivation in the context of Indian women. Specifically, it explores how the work-life balance of women influences the motivational aspects of their careers.

Design/methodology/approach

The research uses a systematic literature review to identify and analyze relevant literature on work-life balance and women’s career motivation among Indian women from the Scopus database.

Findings

The study uncovers critical insights into the connection between work-life balance and women’s career decisions. It gives insight on how work-life balance significantly impacts women’s career choices. The SLR reveals a notable and consistent upward trend in the domains of work-life balance and career motivation among women.

Research limitations/implications

The findings of this study can inform organizations in tailoring policies that foster women’s career growth while simultaneously supporting a healthy work-life balance. In addition, the research can empower women to make informed decisions about their careers and personal lives. Ultimately, it contributes to creating a more inclusive and gender-equitable work environment, promoting both women’s career aspirations and their overall well-being.

Originality/value

This research stands out in its examination of the relationship between work-life balance and women’s career motivation, particularly in the unique context of Indian women. While previous studies have explored these topics individually, this research bridges the gap by investigating their interplay. Moreover, the application of a systematic literature review approach to these variables in the context of Indian women represents a novel contribution.

Details

Gender in Management: An International Journal , vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1754-2413

Keywords

1 – 3 of 3
Per page
102050