Editorial: Bilateral Investment Treaty revision

Notes

• India is currently revising its 2015 Model Bilateral Investment Treaty (BIT) to address limitations in attracting foreign investment.
• The 2015 model was adopted following a series of international arbitration claims against India, leading to the unilateral termination of several existing BITs.
• Critics argue the 2015 model prioritizes the state's right to regulate over investment protection, creating uncertainty for capital-exporting nations.
• The 'democratic deficit' in treaty-making refers to the lack of parliamentary oversight and public consultation, often leaving negotiations to technocrats and the executive branch.
• International best practices for treaty transparency include public consultations (e.g., Norway, Colombia) and parliamentary review (e.g., UK, Australia).
• The Law Commission of India's 260th report provided recommendations for the 2015 model, though not all were incorporated.
• Proposed consultative framework: Engage a core team of external experts, solicit feedback from industry and civil society, publish drafts for public comment, and facilitate parliamentary discussion.

Part of a longer story

This is day 14 of 15 in U.S. policy on imports linked to forced labour, which has been running since 15 July 2026. Reading it whole is usually worth more than reading today alone — the exam asks how something developed.

• Piyush Goyal on textile sector export performance Before
• Andhra Pradesh FDI attraction strategy After
• The whole story 15 entries