Centre-state Investment Treaty:


Centre-state Investment Treaty:
  • a treaty between centre and state to ensure effective implementation of BITs.
  • State will voluntary decide to sign these treaties
  • State that not signs---will be told to BIT partners
  • BIT:  protect investments made by an investor of one country into another by regulating the host nation’s treatment of the investment
Importance
  • Will promote Competitive Federalism 
  • Will ensure fulfilment of obligation by the state under BITs
  • Will promote ease of doing business of foreign investor and their domestic recipients
  • It will sensitize states on BITs
  • Concern of states will be covered
Challenges
  • Legal:
    • Entry 14 of Union list: entering into treaties
    • Article 73: power to centre government to union list
    • Both these: Any international treaty has been signed by the centre on behalf on Indian union.
      • Hence, Externally: it is the responsibility of the centre even if a state does not comply with such treaties
      • Internally: until legislative limitation, state are free to choose their course of action
      • Thus: any such treaty will be use less
  • Practical:
    • Multi party system: can sour centre state relations
  • Political
    • Centre may blame on state
  • Regional disparity
Way forward
  • Cooperative Federalism: Institutionalizing the involvement of the state governments in the process of treaty making. in not just BITs but also WTO, DTAA, FTAs etc
  • Niti Ayog with CMs in the governing counsel can serve this purpose.

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