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Negotiating India’s Landmark Agreements is a rigorous examination of the historical significance and diplomatic intricacies of five pivotal agreements signed by India since Independence. It walks readers through the India–China Agreement on Tibet (1954), the Indo–Soviet Treaty of Peace, Friendship and Cooperation (1971), the Simla Agreement (1972), the India–Sri Lanka Accord (1987), and the India–United States Civil Nuclear Energy Agreement (2008). By dissecting the prevailing political, economic, and social dimensions that underpinned these accords, it provides readers a profound understanding of the long-term impact of these crucial negotiations and documents often ignored in other histories. Through meticulous research and in-depth analysis, author AS Bhasin narrates the gripping story of how these treaties shaped India's international relations and contributed to the broader contours of global diplomacy. His book not only illuminates India's evolving role on the world stage but also offers a novel perspective on the complexities of international affairs and statecraft. Negotiating India’s Landmark Agreements is an indispensable guide to deciphering the strategic decisions that have defined Indian foreign policy, while also serving as a valuable resource for academics, researchers, and practitioners in the field of international relations. It is a critical addition to the study of diplomacy, offering insights that are both compelling and essential for a deeper comprehension of global affairs.
This edited collection on international commercial and investment disputes in, and with, India examines past and present landmark legislative and regulatory reforms initiated by the Indian government, including the 2015 new Bilateral Investment Treaty (BIT) model, the 2015 amendments to the 1996 Arbitration Act and the 2013 amendments to Section 135 of the Companies Act on Corporate Social Responsibility (CSR), as well as the most recent amendments to the same. The book also includes recent developments in the dispute resolution arena, regional, and international negotiations involving India, the legal profession’s response to these developments, and civil society’s comments. In addition, it addresses contemporary problems of key importance and at the centre of today’s discussions, from the legitimacy and relevance of Investor–State Dispute Settlement (ISDS) to the denunciation of Bilateral Investment Treaties (BITs), and the role arbitration should play in emerging economies now leaders in world trade. In creating bridges between commercial and investment arbitration, it also renews the conceptual approach to these too often artificially isolated fields of law. The volume provides an accurate and updated account of the many fascinating conceptual and practical evolutions, which already impact the world of international dispute resolution far beyond the borders of India. This unique and exhaustive study will be of great appeal to a vast range of readers from practitioners to academia.
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Why do governments choose to negotiate indigenous land claims rather than resolve claims through some other means? In this book Scholtz explores why a government would choose to implement a negotiation policy, where it commits itself to a long-run strategy of negotiation over a number of claims and over a significant course of time. Through an examination strongly grounded in archival research of post-World War Two government decision-making in four established democracies - Australia, Canada, New Zealand, and the United States - Scholtz argues that negotiation policies emerge when indigenous people mobilize politically prior to significant judicial determinations on land rights, and not after judicial change alone. Negotiating Claims links collective action and judicial change to explain the emergence of new policy institutions.
From Pulitzer Prize–winning historian: a searing study of the British Empire that probes the country's pervasive use of violence throughout the twentieth century and traces how these practices were exported, modified, and institutionalized in colonies around the globe Sprawling across a quarter of the world's land mass and claiming nearly seven hundred million people, Britain's twentieth-century empire was the largest empire in human history. For many Britons, it epitomized their nation's cultural superiority, but what legacy did the island nation deliver to the world? Covering more than two hundred years of history, Caroline Elkins reveals an evolutionary and racialized doctrine that espoused an unrelenting deployment of violence to secure and preserve the nation's imperial interests. She outlines how ideological foundations of violence were rooted in the Victorian era calls for punishing recalcitrant "natives," and how over time, its forms became increasingly systematized. And she makes clear that when Britain could no longer maintain control over the violence it provoked and enacted, it retreated from empire, destroying and hiding incriminating evidence of its policies and practices. Drawing on more than a decade of research on four continents, Legacy of Violence implicates all sides of Britain's political divide in the creation, execution, and cover-up of imperial violence. By demonstrating how and why violence was the most salient factor underwriting Britain's empire and the nation's imperial identity at home, Elkins upends long-held myths and sheds new light on empire's role in shaping the world today.
This book gives readers an in-depth and up-to-date account of India’s external and internal threats in a deteriorating global security environment. It shows that while partnerships with some countries have strengthened, anxieties persist with others such as China and Pakistan. Similarly, India has not been able to cope with the challenges of internal security emerging from violence in Kashmir, insurgency in the north-east, to mention a few. Problems of global terrorism and global warming stare us in the face. Tensions between major powers, threats and counter-threats between major and middle powers, and international hotspots like Georgia and Afghanistan remind us that there is intense competition for strategic space. India as an upcoming power is treading its path carefully and is developing meaningful partnerships with all major powers. China’s reluctance to proceed further in resolving the boundary dispute with India, its reported incursions on the borders and its rapid military modernisation has caused anxiety in India. India is nevertheless upgrading its military capability to meet any Chinese threat. Pakistan’s lack of adequate action in punishing those responsible for the 26/11 Mumbai terrorist attack and its reluctance to destroy the infrastructure of terrorism in Pakistan has put a question mark on the future of India Pakistan relations. These and various other threats and challenges are discussed in this volume, latest in a unique series with contributions from academics, political commentators and military personnel.
An integrated picture of India's global vision, its foreign policy, and the negotiating practices that link the two. In recent decades, India has grown as a global power, and has been able to pursue its own goals in its own way. Negotiating for India's Global Role gives an insightful and integrated analysis of India’s ability to manage its evolving role. Former ambassadors Teresita and Howard Schaffer shine a light on the country’s strategic vision, foreign policy, and the negotiating behavior that links the two. The four concepts woven throughout the book offer an exploration of India today: its exceptionalism; nonalignment and the drive for “strategic autonomy;” determination to maintain regional primacy; and, more recently, its surging economy. With a specific focus on India’s stellar negotiating practice, Negotiating for India's Global Role is a unique, comprehensive understanding of India as an emerging international power player, and the choices it will face between its classic view of strategic autonomy and the desirability of finding partners in the fast-evolving world.
Canada and India are in many ways natural partners-two middle powers sharing a common political and legal tradition derived from the British Commonwelath, as well as a commitment to multiculturalism, democracy adn international institutions. India's founding Prime Minsiter Jawaharlal nehry had a personal friendship with Canadian Prime Ministers Trudeau and Pearson. Despite this promising start, bilateral relations never took flight-a functiona of Cold War politics, India's relative isolation through much of the post-indepenendence period, the enormous distance between the two countries, and , deep disagreements over India's testing of nuclear weapons in 1974 and 1998. By the start of the new millennium, India and Canada were ready to embark on a new phase in bilateral relations-one defined not only by trade and investment interests, but also by a contemporary understanding of their standing in the world, and the potential contribution that both countries can make to issues of regional and global significance.
The State Practice of India and the Development of International Law by Bimal N. Patel provides a critical analysis of India’s state practice and development of international law. Providing insight into the historical evolution of Indian state practice from pre-1945 period through the 21st century, the work meticulously and systematically examines the interpretation and execution of international law by national legislative executive and judicial organs individually as well as collectively. The author demonstrates India’s ambitions as a rising global power and emerging role in shaping international affairs, and convincingly argues how India will continue to resist and prevent consolidation of Euro-American centric influence of international law in areas of her political, economic and culture influence.
This book explores engagement between the trade and investment law regimes and the extent to which this is being driven by Preferential Trade and Investment Agreements (PTIAs). It provides an empirical analysis of engagement between the two regimes using data from 60 PTIAs and 60 Bilateral Investment Treaties concluded between 2005-2019 to see whether PTIAs result in increased engagement and whether they are doing so over time. The book explores eight of the factors identified as evidencing inter-regime engagement. These chapters look at when engagement is appropriate and to what extent it is appropriate in relation to each of these areas. Based on the findings of this book’s empirical and comparative law analysis of PTIAs, BITs, and the trade and investment law regimes, the book examines whether the conclusion of PTIAs compared to BITs has resulted in increased levels of engagement between the trade and investment law regimes. This book does not put forth the view that convergence between trade and investment is always appropriate, but provides recommendations as to how treaties may be formulated and interpreted in a manner that takes inter-regime engagement into account with a view to ensuring the harmonious simultaneous development of the two regimes. The question of the future direction for engagement between the trade regime and the investment regime is very topical in light of changes to the architecture of both regimes at present.