Centre-state
Investment Treaty:
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- 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
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Importance
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- 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
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Challenges
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- 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
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Way forward
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- 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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