1. TRADE RULES: Free Trade Agreements (FTAs) &
Bilateral Investment Treaties (BITs)
Shalini

2. Outline ‘WTO-plus’ FTAs: mega regionals Investments & BITs BRICS
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3. ‘WTO-plus’ WHY? History: 1948-1986 GATT 1994 NAFTA 1995 WTO
Too slow, too little!
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4. WTO Members Total 164 Countries Brazil 1 Jan 1995 India 1 Jan 1995
South Africa 1 Jan 1995
China 11 Dec 2001
Russian Federation 22 Aug 2012
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5. Mega Regional FTAs TPP: 12 Countries – No China
RCEP: 16 Countries (ASEAN + 6)
BIG Bilaterals:
TTIP: USA + EU
CETA: Canada + EU
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6. Mega FTAs
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7. Overlaps - RCEP & TPP
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8. LAW-MAKING DENATIONALISED? LEGISLATURE – Statutes/Acts
EXECUTIVE - Ordinances, Rules & Regulations
JUDICIARY – Court Decisions/Judgments
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9. INVESTMENT Treaties
Bilateral Investment Treaties (BITs) MAI in WTO did not materialise Now 2nd Try! (Through BITs)
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10. INVESTOR RIGHTS In ‘BITs 2.0’
Scope determined by definition of INVESTMENT
includes intellectual property rights (IPRs)
Protection sought by investors –
Fair & Equitable Treatment (FET)
Against Expropriation
For Investor-State Dispute Settlement (ISDS)
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11. BIT by BIT…
2012 onwards review of BITs India’s Model BIT 2015 GoI has terminated 2012 to 2015 South Africa ended 13 BITs with EU Protection of Investment Act, 2105
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12. India’s New BITs Model From asset-based to ‘enterprise’-based
No MFN to be granted
NT only in ‘like circumstances’
ISDS only after exhausting local remedies
Exempted measures: IPR (compulsory licensing), environment protection, public health, etc.
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13. BRICS members & …their intra-regional relations Brazil in MERCUSOR
Russia & EEU
India & SAARC, as well as RCEP
China & RCEP, as well as ASEAN
South Africa & SACU
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14. Economic FREEDOM
& Community Sovereignty For more:
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