India and several EU member countries share a rich history of investment collaborations. The collaboration has been cemented with several formal agreements with individual EU members, and the recent negotiations with the trade bloc since June 2007 on a broad-based Bilateral Trade and Investment Agreement (BTIA) can be considered as a culmination of this process while ongoing WTO negotiations on Mode 3 commitments remain essential in terms of market opening. The present article analyzes the multi-layered regulation of foreign investment against the backdrop of the evolving EU-India economic relations. It does not only address current PTA negotiations but also the different instruments that apply to FDI flows between the two parties. The 2009 Treaty of Lisbon gave a new competence to the EU; constituting a major development because it pushes back the new frontier of the Common Commercial Policy giving birth to a new broad external economic policy. The shift from national to supra-national level is in itself a major legal development which will impact ongoing negotiations with India whose global standing has been significantly changing in recent years. The economic vibrancy, coupled with large market size, has earned India greater relevance in several international forums, including regular invitations at the G8 forum and leadership on behalf of the developing countries at the WTO. The vibrancy is likely to continue in coming future given several major inherent advantages of India, thereby making the future EU – India investment treaty one of the most promising investment agreements.
- European Union,
- Investment law,
- Mode 3,
- bilateral investment treaties
Available at: http://works.bepress.com/julien_chaisse/55/