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Prabhash Ranjan

Articles by Prabhash Ranjan

India must engage closely with global legal systems

As a nation that seeks to shape international affairs, India should engage closely with specific international law developments based on its national interests.

Gavel for judge, law and order (Getty Images/iStockphoto)

Opinion

Updated on Jun 19, 2024 02:20 AM IST

ByPrabhash Ranjan

The West must pause selling arms to Israel

Despite the ICJ’s orders, the ground situation in Gaza hasn’t improved materially.

Smoke billows after an Israeli strike on Jabalia as seen from Beit Lahia, in the northern Gaza Strip on May 19, 2024, amid the ongoing conflict between Israel and the militant Hamas group. (AFP)

Editorials

Published on May 20, 2024 08:44 PM IST

ByPrabhash Ranjan

Reading the fine print of India-EFTA trade deal

Does the FTA obligate the EFTA countries to invest $100 billion in India in 15 years? Not really.

The India-EFTA ministerial meeting marked a significant milestone in taking forward the negotiations on a TEPA between India and EFTA, the joint communique said (Photo: efta.int)

Opinion

Published on Mar 28, 2024 10:00 PM IST

ByPrabhash Ranjan

Delhi must be prepared to counter Beijing’s lawfare

India must develop its own lawfare strategy using domestic and international legal instruments

Indian troops tracking the movement of troops across the Line of Actual Control in China.

Opinion

Published on Feb 21, 2024 10:05 PM IST

ByPrabhash Ranjan

Budget focus on BITs is good for the Indian economy

BITs and ISDS are significant because they constitute an integral part of the international legal infrastructure regulating the global economy.

FDI inflows depend on a variety of dynamics

Opinion

Published on Feb 05, 2024 09:50 PM IST

ByPrabhash Ranjan

Between capital and State: The model BIT

An investment treaty with countries like the UK will further boost the confidence of foreign investors and attract even higher levels of investments to India

A balanced Model BIT will also help Indian corporations when they invest in choppy jurisdictions abroad.

opinion

Published on Nov 07, 2023 10:41 PM IST

ByPrabhash Ranjan

On Khalistan, Canada has ignored global law

Instead of accusing India, Canada should look within and examine its record of compliance with international law towards India.

Tensions flared between India and Canada last month following Canadian Prime Minister Justin Trudeau's unsubstantiated allegations of

opinion

Published on Oct 05, 2023 09:56 PM IST

ByPrabhash Ranjan

Arbitration law needs to tackle a key concern

The arbitration law has undergone repeated amendments with only one aim — making India the hub of international arbitration.

The A&C Act can offer a broad definition of the term commercial to include investment (Getty Images/iStockphoto) )

opinion

Published on Jul 31, 2023 10:29 PM IST

ByPrabhash Ranjan

Bimstec can anchor a new regional economic order

Bimstec has emerged as a critical instrument of regional cooperation linking five South Asian countries, Bangladesh, Bhutan, India, Nepal, and Sri Lanka.

On June 6, the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (Bimstec)(PTI)

opinion

Published on Jun 19, 2023 09:47 PM IST

ByPrabhash Ranjan

Bridge the gap with EU, UK on taxation issues

Can India convince the EU and the UK for a complete carve-out for all kinds of taxation measures from the purview of the investment treaty or FTA?

India’s stand on the issue of taxation assumes importance considering India’s ongoing free trade agreement (FTA) and investment treaty negotiations with several countries, including the European Union (EU) and the United Kingdom (UK) (AFP)

opinion

Updated on May 15, 2023 07:43 PM IST

ByPrabhash Ranjan

India must claim damages for attacks on embassies

The failure to provide protection to Indian missions does not automatically mean that New Delhi ought to be compensated for the damages to the property or for the injuries to its employees. It is, however, open to India to make claims with respective countries for existing and future incidents

Khalistan supporters protest outside Indian Embassy in Washington, US. (PTI)

opinion

Updated on Mar 27, 2023 08:59 PM IST

ByPrabhash Ranjan, Shantanu Singh

ICC’s warrant against Putin for Ukraine war is a significant move

Only time will show how effective this move is, but for now, the people of Ukraine, who are the victims of Russia’s illegal war, have received an important boost

According to ICC, Putin is allegedly responsible for the war crime of unlawful deportation and transfer of children from occupied areas of Ukraine to Russia (AP)

opinion

Updated on Mar 20, 2023 06:47 PM IST

ByPrabhash Ranjan and Aman Kumar

Why only appoint judges as arbitrators?

The government needs to pay heed to the advice of CJI Chandrachud by creating a diverse pool of Indian arbitrators for ITA comprising judges, lawyers, and academicians

Resolving an ITA dispute requires expertise in international law. The SC and HC judges spend almost all their judicial careers deciding cases based on domestic law, not international law. Most of their judicial time is spent addressing complex domestic law, not international law, questions. This raises questions about their suitability to sit on an ITA tribunal that would involve challenging international law questions (Getty Images/iStockphoto)

opinion

Updated on Mar 13, 2023 07:01 PM IST

ByPrabhash Ranjan

Challenges await India in decarbonising its economy

Given global developments, this objective of decarbonising the economy may face certain challenges under international investment law, which Indian policymakers need to be alert about.

India — as agreed at COP27 — plans to phase down around 81 coal-fired power plants over the next four years. (AP/Representative Image)

opinion

Updated on Jan 30, 2023 08:36 AM IST

ByPrabhash Ranjan, Pushkar Anand

How the West weakens rules-based global order

Powerful countries continue to sacrifice international law at the altar of political expediency. They actively quote international law to judge the actions of their adversaries but disregard it to support their unlawful actions and those of allies

In 2022, the world — especially the United States (US) and Canada — didn’t leave any stone unturned to remind Russia about its illegal occupation. The United Nations (UN) was repeatedly used to adopt resolutions indicting Moscow. (AFP)

opinion

Updated on Dec 21, 2022 07:11 PM IST

ByPrabhash Ranjan and Aman Kumar

Investment protection is a must in India-UK FTA

The India-UK investment relationship is no more a one-way street. In 2020, the stock of foreign direct investment from India in the UK was £10.6 billion as against £14.9 billion from the UK in India

Given the new global consensus on investment treaties, the UK will not insist on an investment chapter that prioritises foreign investment protection over the State’s right to regulate. (Hindustan Times)

opinion

Updated on Oct 31, 2022 06:35 PM IST

ByPrabhash Ranjan

Use international law to bolster national security

India should use international law as a weapon for national security, also known as lawfare, to put pressure on Pakistan to comply with its international trade treaty obligations.

India believes that the onus is on Pakistan to resume normal trade relations. (Reuters File Photo)

opinion

Published on Sep 06, 2022 10:11 PM IST

ByPrabhash Ranjan

Rohingya row shows why we need a national refugee law

India needs legislation, consistent with the international refugee law principles such as non-refoulement that governs refugees

The view that the principle of non-refoulement does not bind India because it is not a signatory to the Refugee Convention is patently wrong. (PTI)

opinion

Published on Aug 22, 2022 09:37 PM IST

ByPrabhash Ranjan

Amend the Patents Act to execute TRIPS waiver

These amendments to the Patents Act will have the following advantages. First, it will demonstrate India’s resolve to help the developing world fight the pandemic. Second, it will cement India’s position as a leader of the developing world

Notwithstanding the shallowness of the TRIPS waiver, the ball is now in the court of the developing countries, especially the original propagators of the waiver, to use the decision by incorporating it within their respective legal regimes. (HT)

opinion

Updated on Jun 26, 2022 08:34 PM IST

ByPrabhash Ranjan and Praharsh Gour

Will WTO rise from an ‘institutional zombie’?

Several contentious issues are on the table and the jury is still out on whether just and equitable tangible outcomes will be achieved.

If WTO negotiators fail in Geneva, it will not only be a blow to the institution itself but also to trade multilateralism. (AFP)

opinion

Published on Jun 16, 2022 03:25 AM IST

ByPrabhash Ranjan

India-EU investment treaty: Remove hurdles

An India-EU investment treaty will not only bring benefits to both sides but also demonstrate the combined will towards strengthening a rules-based international order

Overall, India’s new investment treaty practice gives primacy to the State’s rights over the rights of the foreign investors, whereas the EU treaty practice is more balanced. This difference in perspective will be a bone of contention between the two sides. (HT PHOTO)

opinion

Updated on May 09, 2022 07:54 PM IST

ByPrabhash Ranjan

To reach full potential of trade pacts, accept investment protection

Stung by several international claims under BITs, India is like a cat who, after sitting on a hot stove, refuses to sit even on a cold stove

India should come out of its shell and accept investment protection as part of its broader economic commitments under international law. This will enable India to realise the full potential of these CECAs. (AFP)

opinion

Updated on Apr 04, 2022 08:09 PM IST

ByPrabhash Ranjan

In war-torn Ukraine, has international law failed us once again?

The so-called weakness of international law is a tale of the feebleness of global institutions and countries mandated to implement the law.

Several tools can be used to hold Russia accountable or inflict costs for its unlawful behaviour. (REUTERS)

opinion

Published on Mar 02, 2022 07:28 PM IST

ByPrabhash Ranjan

A non-protectionist trade policy is what India needs

It should include pro-market reforms, not pro-business reforms that are reminiscent of India’s “stigmatised capitalism”

In the last few years, the official narrative on FTAs has been that they led to India’s de-industrialisation in some sectors. (Bloomberg file photo/Representative image)

opinion

Published on Feb 25, 2022 06:47 PM IST

ByPrabhash Ranjan

India’s poor compliance with investment awards

The decision of the Canadian court sullies India’s reputation globally as an attractive investment destination and spooks foreign investors

Since 2011, approximately 20 BIT arbitrations have been initiated against India before different investor-State dispute settlement (ISDS) tribunals (Shutterstock)

opinion

Updated on Jan 12, 2022 07:39 PM IST

ByPrabhash Ranjan

The crisis in SAU is a symbol of the crisis of SAARC

The future of SAARC and specialised bodies such as SAU is directly proportional to India’s political interest. Notwithstanding Pakistan’s recalcitrant attitude, SAARC serves India’s interests

The roots of this economic debacle lie in the political dysfunctionality of SAARC, especially in the last five years (Getty Images)

opinion

Updated on Dec 04, 2021 10:19 PM IST

ByPrabhash Ranjan

For vaccine equity, the TRIPS waiver is crucial

The EU’s effort to protect the IP standards of pharma corporations signals the triumph of corporate profits over the health of the poor

A health worker administers a dose of Covid-19 vaccine to a beneficiary at a community centre, Gurugram, October 2021 (Parveen Kumar/Hindustan Times)

opinion

Updated on Nov 11, 2021 05:20 PM IST

ByPrabhash Ranjan and Sakshi Ranjan

India should be open to the WTO investment facilitation pact

India would do well to actively take part in these negotiations and try to shape the investment facilitation agreement in a manner that reflects its concerns

India’s apprehensions stem from WTO’s checkered past on investment (AFP)

opinion

Updated on Oct 22, 2021 05:44 PM IST

ByPrabhash Ranjan

The WTO threat to Indian agriculture’s MSP regime

Procurements done for food security purposes should be exempted from inclusion in Aggregate Measurement of Support, provided such food grains are procured transparently. India, as part of G-33, should bargain hard for this at the WTO’s 12th ministerial conference later this year

India can move away from price-based support to its farmers to income-based support, which will not be trade-distorting under the Agreement on Agriculture, provided income support is decoupled or not linked to production. However, given the enormous political salience attached to the MSP-based procurement regime, underlined by the ongoing farmer agitations, it is simply not possible for India to dump or even dilute the current system. (HT archive)

opinion

Updated on Sep 21, 2021 05:51 PM IST

ByPrabhash Ranjan

On trade, India has legal instruments to hold Afghanistan accountable

Since the Taliban now claims to represent Afghanistan at national and international forums, it is under a legal duty to comply with all the international law obligations that bind Afghanistan

An Afghanistani truck enters the integrated check post in Attari near Amritsar on the first day of the resumption of trade between India and Afghanistan on May 28, 2020. (File photo)

opinion

Updated on Sep 02, 2021 04:23 PM IST

ByPrabhash Ranjan

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Prabhash Ranjan

As a nation that seeks to shape international affairs, India should engage closely with specific international law developments based on its national interests.

Despite the ICJ’s orders, the ground situation in Gaza hasn’t improved materially.

Does the FTA obligate the EFTA countries to invest $100 billion in India in 15 years? Not really.

India must develop its own lawfare strategy using domestic and international legal instruments

BITs and ISDS are significant because they constitute an integral part of the international legal infrastructure regulating the global economy.

An investment treaty with countries like the UK will further boost the confidence of foreign investors and attract even higher levels of investments to India

Instead of accusing India, Canada should look within and examine its record of compliance with international law towards India.

The arbitration law has undergone repeated amendments with only one aim — making India the hub of international arbitration.

Bimstec has emerged as a critical instrument of regional cooperation linking five South Asian countries, Bangladesh, Bhutan, India, Nepal, and Sri Lanka.

Can India convince the EU and the UK for a complete carve-out for all kinds of taxation measures from the purview of the investment treaty or FTA?

The failure to provide protection to Indian missions does not automatically mean that New Delhi ought to be compensated for the damages to the property or for the injuries to its employees. It is, however, open to India to make claims with respective countries for existing and future incidents

Only time will show how effective this move is, but for now, the people of Ukraine, who are the victims of Russia’s illegal war, have received an important boost

The government needs to pay heed to the advice of CJI Chandrachud by creating a diverse pool of Indian arbitrators for ITA comprising judges, lawyers, and academicians

Given global developments, this objective of decarbonising the economy may face certain challenges under international investment law, which Indian policymakers need to be alert about.

Powerful countries continue to sacrifice international law at the altar of political expediency. They actively quote international law to judge the actions of their adversaries but disregard it to support their unlawful actions and those of allies

The India-UK investment relationship is no more a one-way street. In 2020, the stock of foreign direct investment from India in the UK was £10.6 billion as against £14.9 billion from the UK in India

India should use international law as a weapon for national security, also known as lawfare, to put pressure on Pakistan to comply with its international trade treaty obligations.

India needs legislation, consistent with the international refugee law principles such as non-refoulement that governs refugees

These amendments to the Patents Act will have the following advantages. First, it will demonstrate India’s resolve to help the developing world fight the pandemic. Second, it will cement India’s position as a leader of the developing world

Several contentious issues are on the table and the jury is still out on whether just and equitable tangible outcomes will be achieved.

An India-EU investment treaty will not only bring benefits to both sides but also demonstrate the combined will towards strengthening a rules-based international order

Stung by several international claims under BITs, India is like a cat who, after sitting on a hot stove, refuses to sit even on a cold stove

The so-called weakness of international law is a tale of the feebleness of global institutions and countries mandated to implement the law.

It should include pro-market reforms, not pro-business reforms that are reminiscent of India’s “stigmatised capitalism”

The decision of the Canadian court sullies India’s reputation globally as an attractive investment destination and spooks foreign investors

The future of SAARC and specialised bodies such as SAU is directly proportional to India’s political interest. Notwithstanding Pakistan’s recalcitrant attitude, SAARC serves India’s interests

The EU’s effort to protect the IP standards of pharma corporations signals the triumph of corporate profits over the health of the poor

India would do well to actively take part in these negotiations and try to shape the investment facilitation agreement in a manner that reflects its concerns

Procurements done for food security purposes should be exempted from inclusion in Aggregate Measurement of Support, provided such food grains are procured transparently. India, as part of G-33, should bargain hard for this at the WTO’s 12th ministerial conference later this year

Since the Taliban now claims to represent Afghanistan at national and international forums, it is under a legal duty to comply with all the international law obligations that bind Afghanistan

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