Articles by Prabhash 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?
Updated on May 15, 2023 07:43 PM IST
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
Updated on Mar 27, 2023 08:59 PM IST
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
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
Updated on Mar 13, 2023 07:01 PM IST
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.
Updated on Jan 30, 2023 08:36 AM IST
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
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
Updated on Oct 31, 2022 06:35 PM IST
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.
Published on Sep 06, 2022 10:11 PM IST
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
Published on Aug 22, 2022 09:37 PM IST
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
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.
Published on Jun 16, 2022 03:25 AM IST
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
Updated on May 09, 2022 07:54 PM IST
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
Updated on Apr 04, 2022 08:09 PM IST
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.
Published on Mar 02, 2022 07:28 PM IST
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”
Published on Feb 25, 2022 06:47 PM IST
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
Updated on Jan 12, 2022 07:39 PM IST
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
Updated on Dec 04, 2021 10:19 PM IST
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
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
Updated on Oct 22, 2021 05:44 PM IST
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
Updated on Sep 21, 2021 05:51 PM IST
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
Updated on Sep 02, 2021 04:23 PM IST
Burying the ghost of retrospective taxation
Finally, it seems, good sense has prevailed. The tax bill states that the amendment to Section 9(1)(i) will not apply to indirect transfers of Indian assets made on or before May 28, 2012. In simpler terms, the law on taxing the gains arising out of indirect transfer of Indian assets shall be prospective
Updated on Aug 06, 2021 06:54 PM IST
Don’t turn the clock back on investment norms
As an integral element of these structural economic reforms, India adopted measures aimed at liberalising foreign investment, both direct and institutional, to overcome the problem of over-dependence on debt three decades ago
Updated on Jul 08, 2021 07:49 PM IST
Voluntary licensing of Covaxin will boost vaccine production
India is known globally for the vigour of its pharmaceutical sector built over several decades. It would be extremely tragic if the government fails to channelise this prowess to save precious Indian lives.
Published on May 04, 2021 05:52 PM IST
Due to its 2012 blunder, India’s Cairn challenge at The Hague is likely to fail
To put an end to this dispute, India should comply with the ISDS ruling and undo the horrendous error made in 2012 by making the amendment in the Income Tax Act prospective in nature.
Published on Mar 30, 2021 07:14 PM IST
India’s retrospective taxation blunder is still extracting heavy costs
In endeavouring to extract revenue through retroactive taxation that damages investor sentiment in the long run, India is being penny-wise and pound-foolish
Updated on Jan 07, 2021 07:20 AM IST
Suspend international IP, patent obligations on Covid-19 vaccines
Coordinated State action at the global level that temporarily suspends the application of relevant international law to Covid-19 vaccines and drugs will be an important step in fighting the pandemic.
Updated on Oct 26, 2020 08:59 PM IST
Restricting Chinese imports will not be easy
India could revoke the Most Favoured Nation status to Pakistan, but may not be able to do so with China
Updated on Jun 20, 2020 01:11 PM IST
Covid-19: Why India doesn’t need to worry about investor-State dispute settlement claims
The Indian executive, however, must remain conscious of such a possibility and ensure that their emergency regulatory actions are not arbitrary, discriminatory or disproportionate, and are adopted in good faith following due process.
Updated on Apr 01, 2020 01:29 PM IST
The US is being unfair to India on trade. Resist it
The decision to strip India of its ‘developing country’ status, based on a unilateral, arbitrary criteria, is wrong
Updated on Feb 21, 2020 04:53 PM IST