Bilateral Investment Treaties and Public Health: Comparative Insights from India and China
S Deva (eds) Socio Economic Rights in Emerging Free Markets – Comparative Perspectives from India and China (Routledge: London: 2015), 236-261
Posted: 3 May 2016 Last revised: 16 Dec 2017
Date Written: February 26, 2015
Abstract
This chapter will compare whether and to what extent China and India could take measures aimed at protecting public health within the framework of their BITs. After discussing BIT disputes on the issue of public health, I will discuss the evolution of the Chinese and Indian approaches to foreign investment and compare their BIT programmes. I will then map the Indian and Chinese BITs to find out whether these treaties explicitly recognise the right of India and China, as host countries, to adopt measures aimed at regulating public health. Finally, I will consider whether India and China, absent specific health related regulatory measures in BITs, can still adopt measures aimed at regulating public health issues without violating their BITs obligations.
Keywords: BIT, BITs, India, China, Public Health
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