Please use this identifier to cite or link to this item: https://dr.ddn.upes.ac.in//xmlui/handle/123456789/2476
Title: Necessary nexus requirement link in general exception provisions of South Asian bilateral investment treaties and some insight on Its interpretative approach in the context of South Asia
Authors: Sinha, Amit Kumar
Keywords: Bilateral Investment Treaty
Foreign Direct Investment
Investor State Dispute Settlement
Nexus Requirement Link
General Exceptions
South Asian Countries
Issue Date: 10-Aug-2017
Publisher: The Chinese Journal of Comparative Law
Abstract: Nexus requirement links (NRLs) in general exception provisions of bilateral investment treaties (BITs) are an important connecting factor between measures taken by States and objectives pursued by States. This article attempts to make a first-ever detailed study of NRLs as necessary features of general exception provisions in all BITs in force that are signed by South Asian countries. The objective of this study is to map and ascertain a suitable interpretative approach of ‘necessary’ NRLs against the background of various interpretative methodologies adopted by different investment tribunals. For this purpose, the article delves into the meaning of NRLs in general, the relevance of studying ‘necessary’ NRLs in South Asia, and the mapping of ‘necessary’ NRLs, and it concludes by offering a suitable interpretative approach in the South Asian context
URI: http://hdl.handle.net/123456789/2476
Appears in Collections:Published papers

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