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margin of appreciation

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If a claim of indirect expropriation is brought against India, the government can argue that the measures adopted to combat the pandemic are a part of the State’s police powers. Many Investor-State Dispute Settlement tribunals have held that states do not violate their BIT obligations when they act in the exercise of their police powers(Biplov Bhuyan/HTPhoto)

Covid-19: Why India doesn’t need to worry about investor-State dispute settlement claims

By Prabhash Ranjan
UPDATED ON APR 01, 2020 01:29 PM IST
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.
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