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Leading non-banking finance company Shriram City Union Finance Ltd has got fair trade regulator CCI's approval for tpg investment india proposed merger of its two group companies through a multi-stage transac Piramal Enterprises, a firm promoted by Ajay Piramal, had acquired 9. TPG, a leading global private investment firm, has picked up a For global institutional investors that have been wary about investing in India for the past few years, the tide has turned and India has again become a must-have market.

India human rights africa investment investment science 2nd pdf writer

India human rights africa investment

Of course, the efficacy of this clause to a large extent depends on robust domestic environmental law mechanisms. Rather these treaties continue to incorporate the traditional methods of regulation such as general exception clauses, non-precluded measures, no relaxation in standards clauses and voluntary corporate social responsibility CSR clauses.

These powers allow the host state to regulate the investment but do not impose any direct and binding obligations on foreign investment. Since investment treaties are often used to try and attract foreign investment, it is difficult to imagine binding investor obligations being imposed on foreign investors soon. The Draft Pan African Investment Code of is a model investment treaty drafted by the African Union AU which attempts to promote sustainable investments in accordance with international environmental and human rights norms.

It states that when an investor or an investment have failed to comply with their obligations under the code or the relevant rules of domestic and international law, a member state may initiate a counterclaim. Of course, very few BITs allow for the filing of a counterclaim for the violation of international law. Again, even if BITs do allow host states to file counterclaims against foreign investors for violating domestic environmental law, the success of the counterclaim will also rest on how rigorous the domestic environmental regime is.

A clause that stipulates that the BIT be interpreted in accordance with international law. In Urbaser v Argentina , the tribunal interpreted a clause in the Spain-Argentina BIT which stated that the treaty was to be interpreted in accordance with the general principles of international law. While observing that the principle that corporations are not subject to international law has lost its impact, the tribunal stopped short of asserting that private corporations had direct international law obligations.

Rather, it stated that the BIT had to be construed with other relevant rules of international law, including those of human rights. Tribunals are reluctant to read investor obligations into investment treaties if they are not expressly incorporated into the treaty. Moreover, even if investor obligations are to be construed in accordance with international law, there must be other treaties and norms providing for the binding obligations of private corporations.

At present those obligations only exist in the form of soft law. Mandating compliance with domestic law and international law to access dispute resolution. In Cortec Mining v Kenya , the investors claimed that their mining license was arbitrarily revoked. The tribunal ruled that the license had not been obtained in accordance with domestic law since the investor had not followed domestic EIA procedures and to qualify for protection, the investment must be made in accordance with the laws of the host state.

Several BITs have a compliance with domestic law clause and limit protection to investments in compliance with domestic law. Likewise, the Colombia Model BIT requires investors to respect human rights and environmental norms contained in any treaty to which a contracting party is a party to qualify for submitting a claim to a court or arbitral tribunal.

The last date for the public to file objections to the draft EIA notification was August 11 th , Millions of citizens have filed their objections, and, in the meantime, the notification has been challenged in several courts across the country. Yet the government is trying its best to go ahead with the final publication of the draft. For several years now, treaty drafters and the academy have waxed eloquent on how the international investment law regime limits the sovereign regulatory power of the host state.

Not surprisingly, it seems somewhat ironic that often, states themselves water down domestic environmental and human rights protection measures. BITs have been viewed as being antithetical to the conservation of natural resources and human rights.

In response to these arguments, BITs have evolved from being mere instruments of investment protection and promotion to giving host states the power to regulate the investment in exceptional circumstances such as the protection of public health and the environment. But these efforts to create a balance between investment protection and regulation will be rendered nugatory if host states themselves disregard established norms of environmental regulation and governance.

For this reason, the Indian government of Prime Minister Narendra Modi, in response to the Chinese Belt and Road Initiative, has since developed or revived several forms of bilateral and multilateral cooperation. The two governments are trying to push ahead with infrastructure projects in the countries bordering the Indian Ocean and in Africa so as to reduce Chinese influence. Considering this change in Indian foreign policy, which today more than ever seeks cooperation with Western states, new opportunities are opening up for joint Indo-German initiatives in third countries.

The regional focus is on sub-Saharan Africa. The African continent played an important role in Indian foreign policy from the outset. India was one of the first states to achieve independence after the end of the Second World War, in India initially contributed million rupees to the fund, which inter alia co-financed front states and liberation movements in South Africa and Namibia.

After independence, the Indian government was faced with the question of how to deal with Indian populations in Africa. As far back as pre-colonial times, Indian traders had settled in East Africa amidst maritime trade in the Indian Ocean. Individual representatives of the Indian community were given important political offices in the new states.

This also affected the Indian population in many countries. At the time, however, the Indian government supported Africanisation and therefore showed no willingness to act as an advocate for Indian ethnic groups abroad. A low point for the Indian diaspora was the expulsion from Uganda under the Idi Amin regime. Based on the shared colonial experiences of India and Africa, the Indian government worked closely with African states in the newly created international institutions.

From the outset, India saw itself as the representative and spokesman of these developing countries and promoted closer South-South cooperation. Since the Indian Union pursued an economic policy of import substitution until , economic issues initially played a very minor role in bilateral relations. An important foreign policy instrument, however, was South-South cooperation through the Indian Technical and Economic Cooperation ITEC programme, which began in and included many representatives of African states.

The year marked a turning point in Indian politics. Since then, all Indian governments have relied on foreign direct investment, technology transfer, export promotion, and stronger integration into the world market. The associated liberalisation also had various effects on foreign policy with regard to Africa. This policy reversal also had consequences for Africa.

India is committed to reforming the United Nations and is seeking a permanent seat on the Security Council. The summits were supposed to take place every three years, alternately in India and Africa. The first was held in New Delhi in April In the Africa-India Framework for Cooperation agreed at the summit, the two sides agreed on nine areas of cooperation. The then-Prime Minister Manmohan Singh declared that the number of African students in India would thereby increase to over 22, At the latest summit in , there were no more restrictions.

At the beginning of , India had 29 embassies in African countries. These are not only to extend economic relations, but also to further strengthen links with the diaspora. The NRIs are Indian citizens who have emigrated. Eleven states have at least one million each, and a further 22 states have at least 1, each. The largest groups are in South Africa about 1. Particularly in the island states of the Indian Ocean, the diaspora accounts for a large proportion of the total population.

In the territorial states, on the other hand, the highest share is only 2. The focus was on the Indian community in the USA, which has been economically very successful. In September , the government set up a high-level commission to make new proposals that would encourage relations with the diaspora. Since taking office in , Prime Minister Modi has been intensively involved with the diaspora during his trips abroad.

On a visit to Uganda in the summer of , Modi also addressed the Indian community in the country. The relatively small size of groups of Indian origin, the lack of Indian government support for them, and the success of their integration into African states explain why this new foreign policy initiative initially met with little interest in Africa.

In contrast to Western industrial nations, which separate their economic and development cooperation, the two areas are closely interlinked in India. This term is deliberately intended to set India apart from Western development cooperation. The initial focus was on Ethiopia, Kenya and Mauritius. Equatorial Guinea was of particular importance at that time. These various initiatives have contributed to a significant expansion of trade. However, trade has been declining in recent years. The main reason for this was the price rise in oil and raw materials.

The product focus is on energy and raw materials such as oil, gas, ores and gold. With a share of around 24 per cent, the African continent has become an important energy supplier for India. India imports more energy from Africa and is now less dependent on the Middle East.

In , Southern Africa still accounted for around 60 perc ent of exports to India, compared with only 16 per cent from West Africa. By , the picture had changed. East African states, with their traditionally high proportion of Indian-born inhabitants, are the most important market for Indian products, but accounted for only two per cent of African exports to India in There are regional differences.

African countries are interesting for India not only as suppliers of oil and gas, but also of uranium. Alongside its bilateral relations, India cooperates with a number of regional organisations in Africa. Since then, maritime security issues have received greater attention in its work. India has pursued development measures in Africa for decades, thus increasing its influence there.

Moreover, there are six current or former army chiefs who were trained at institutions in India. However, the regional distribution shows that Africa still does not play a major role in overall resource allocation. The second pillar of development cooperation is loans and subsidies to developing countries by the state-owned Export-Import Bank. The loans are thus not so much development funds, but rather economic development funds for private and state-owned Indian enterprises.

India first established a technical college in Nairobi in India has supported the establishment of pan-African institutions with many projects. The African market sets high hurdles for Indian companies, for example. Land acquisition in Africa is particularly interesting for major investors, as land prices are often lower than in India.

For example, Indian food companies can acquire much larger areas of land than in India and outsource their production for the Indian market to third countries at low cost. This concerns both their speed and scope. There are huge prejudices against African students amongst the Indian population, 88 and there have been several violent attacks. However, this peculiarity is not due to the economic power of the island state with its large Indian section of the population, but rather to its advantageous tax legislation.

To save taxes, foreign companies — as well as Indian companies whose owners are Indians abroad Non-Resident Indians — use Mauritius as a starting point for their investments in India. This is why the island state has now replaced Singapore as the most attractive place for Indian foreign investment. Indian companies invest in Africa via Mauritius. In official statistics, these funds are then listed as direct investments from Mauritius.

The small country therefore plays a similar role for India as Hong Kong does for China. In recent years India has also made greater efforts to cooperate on arms policy with individual African states. Here, the Indian Ocean has a special role to play.

On the one hand, India focuses on the fight against piracy, especially in the Horn of Africa; on the other hand, it pursues its rivalry with China, whose expansion in the Indian Ocean it monitors warily. For many years, India has been one of the largest providers of troops for UN blue helmet missions.

India has also sent police forces, including female personnel, to Africa on peacekeeping missions. The Indian Ocean is the main artery of the Indian economy. From to , Indian Navy patrols escorted Indian ships and 1, ships flying other flags in the Gulf of Aden, and fended off 13 pirate attacks. India is not only involved in blue helmet missions alongside African states, but also increasingly in the fight against pirates and terrorists.

Anti-piracy operations are also important for India for another reason. The country has the sixth largest number of seafarers internationally. India has also cooperated militarily with a number of African countries for many years. Since the s, it has been training officers from predominantly English-speaking African states at Indian institutions. In June , two Indian warships were stationed off Maputo to secure the meetings of the World Economic Forum on Africa, and of heads of state from Africa, the Caribbean and the Pacific.

The draft EIA notification indicates that it will be easier for foreign investors to get pre-investment environmental clearances or approval even after the project has commenced.

India human rights africa investment 80
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Ieg investment banking group Gokarn, Sidhu and Godbole see note 4432—34 This policy reversal also had consequences for Africa. After Amnesty International was india human rights africa investment to cease operations in India, activists say the Indian government is trying to sideline independent investigations into human rights abuses. This could potentially be translated into a number of programmes as part of triangular cooperation between India, Germany and African countries, such as capacity building, initial and further training, and the strengthening of small and medium-sized enterprises. Since gaining independence inthe Indian Union has developed good relations with African states. After the International Monetary Fund IMF imposed liberalisation of the Indian economy in the early s, the European Community and India signed a development cooperation agreement in and the two continuously moved closer together as the post-Cold War era progressed.
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It said Amnesty's claim of a "witch hunt" targeting human rights groups was "far from the truth. However, by law, India does not allow interference in domestic political debates by entities funded by foreign donations," the ministry said in a statement seen by DW. Leading organizations also say the FCRA would impact the livelihoods of people working with small NGOs and ultimately lead to the dismantling of the entire sector.

Activists had petitioned leaders not to sign the legislation into law, describing it a as death knell for the NGO sector. On Wednesday, 15 international human rights organizations condemned the Indian government's actions against Amnesty and pledged to continue support for local human rights defenders and organizations.

In the past, various Indian governments, including the opposition party, Congress, have evoked "national security" and "public interest" to block demands for transparency and accountability. Many believe the two reports irked the government. Amnesty India's bank account was frozen on September Indian authorities have charged Amnesty with sedition after several Kashmiris allegedly called for independence at an event organized by the rights group. The complaint was lodged by a Hindu nationalist student group.

Millions were left stranded but new cases are still rising rapidly. More info OK. Wrong language? Change it here DW. COM has chosen English as your language setting. The new villages where they are resettled often lack basic resources including adequate food, agricultural support, and health and education facilities, according to activists.

Ethiopian officials have denied people are being displaced, or that villagisation takes place where overseas investments are planned. The program provides better infrastructure for rural populations, they say. Agribusinesses, investment funds and government agencies piled into developing countries, particularly in sub-Saharan Africa, when oil prices peaked in , leading to a surge in prices of food.

Cheap land to grow food crops and bio-fuels to enhance food and energy security has become essential as populations expand. There is plenty of land in Africa, with only 5 percent of an estimated million hectares of arable land in central Africa being cultivated, according to the FAO. Prices were lower than in other developing countries, the terms were favorable, including no import duties on machinery, and full repatriation of products and profits.

But most deals were cloaked in secrecy, and jobs for locals were often only low-paying manual work, activists say. Most deals also encompass fertile lands which are inhabited, rather than marginal or infertile land as promised by officials. Most of these deals have also failed to achieve the objectives of enhancing food and energy supply and stimulating development in the local communities, activists say. In Ethiopia, where all land is state-owned, traditional tenure systems exist alongside modern systems.

Several regions, including Gambella, where Karuturi had leased land, have no formal tenure and boundaries are agreed by local customs.

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Most BITs mandate that a foreign investor is bound to comply with the domestic law of the host state. Therefore, if the host state does not implement stringent and rigorous environmental screening procedures, neither is the foreign investor bound to conduct an EIA with all its procedural requirements including public participation. Moreover, if a host state attempts to amend domestic law post the establishment of an investment, and this amendment affects the economic value of the investment, an expensive investment treaty claim could arise.

Second, BITs do not actually impose binding and enforceable environmental obligations on foreign investors in accordance with international environmental law. The objective of investment treaties is, for the most part, the promotion and protection of foreign investment. While BITs do not preclude a host state from regulating the investment in exceptional circumstances, they primarily try to protect the investment from the arbitrary exercise of regulatory power by the host state.

Foreign investors are non-state entities which are not subject to international law obligations. Moreover, states are often reluctant to impose binding environmental obligations on foreign investors since they do not want to disincentivize the inflow of capital and technology. If domestic environmental law is weak, can international law help combat a Race to the Bottom? Can the drafters of BITs hold foreign investors liable for environmental and human rights violations in accordance with international law, rather than domestic law?

The following analysis highlights a few innovative approaches of treaty drafters and investor-state arbitration tribunals in trying to impose obligations on foreign investors in accordance with international law. The actual imposition of direct international law obligations on foreign investors. The Nigeria-Morocco BIT of states that investors shall comply with the EIA procedures applicable to their investments, as required by the laws of the host state. In addition, the BIT requires that investors and investments shall uphold human rights in the host state and shall not operate in a manner that circumvents international environmental, labour and human rights obligations.

Of course, the efficacy of this clause to a large extent depends on robust domestic environmental law mechanisms. Rather these treaties continue to incorporate the traditional methods of regulation such as general exception clauses, non-precluded measures, no relaxation in standards clauses and voluntary corporate social responsibility CSR clauses. These powers allow the host state to regulate the investment but do not impose any direct and binding obligations on foreign investment.

Since investment treaties are often used to try and attract foreign investment, it is difficult to imagine binding investor obligations being imposed on foreign investors soon. The Draft Pan African Investment Code of is a model investment treaty drafted by the African Union AU which attempts to promote sustainable investments in accordance with international environmental and human rights norms. It states that when an investor or an investment have failed to comply with their obligations under the code or the relevant rules of domestic and international law, a member state may initiate a counterclaim.

Of course, very few BITs allow for the filing of a counterclaim for the violation of international law. Again, even if BITs do allow host states to file counterclaims against foreign investors for violating domestic environmental law, the success of the counterclaim will also rest on how rigorous the domestic environmental regime is.

A clause that stipulates that the BIT be interpreted in accordance with international law. In Urbaser v Argentina , the tribunal interpreted a clause in the Spain-Argentina BIT which stated that the treaty was to be interpreted in accordance with the general principles of international law. While observing that the principle that corporations are not subject to international law has lost its impact, the tribunal stopped short of asserting that private corporations had direct international law obligations.

Rather, it stated that the BIT had to be construed with other relevant rules of international law, including those of human rights. Tribunals are reluctant to read investor obligations into investment treaties if they are not expressly incorporated into the treaty. Moreover, even if investor obligations are to be construed in accordance with international law, there must be other treaties and norms providing for the binding obligations of private corporations.

As far back as pre-colonial times, Indian traders had settled in East Africa amidst maritime trade in the Indian Ocean. Individual representatives of the Indian community were given important political offices in the new states. This also affected the Indian population in many countries.

At the time, however, the Indian government supported Africanisation and therefore showed no willingness to act as an advocate for Indian ethnic groups abroad. A low point for the Indian diaspora was the expulsion from Uganda under the Idi Amin regime. Based on the shared colonial experiences of India and Africa, the Indian government worked closely with African states in the newly created international institutions.

From the outset, India saw itself as the representative and spokesman of these developing countries and promoted closer South-South cooperation. Since the Indian Union pursued an economic policy of import substitution until , economic issues initially played a very minor role in bilateral relations. An important foreign policy instrument, however, was South-South cooperation through the Indian Technical and Economic Cooperation ITEC programme, which began in and included many representatives of African states.

The year marked a turning point in Indian politics. Since then, all Indian governments have relied on foreign direct investment, technology transfer, export promotion, and stronger integration into the world market. The associated liberalisation also had various effects on foreign policy with regard to Africa. This policy reversal also had consequences for Africa. India is committed to reforming the United Nations and is seeking a permanent seat on the Security Council.

The summits were supposed to take place every three years, alternately in India and Africa. The first was held in New Delhi in April In the Africa-India Framework for Cooperation agreed at the summit, the two sides agreed on nine areas of cooperation.

The then-Prime Minister Manmohan Singh declared that the number of African students in India would thereby increase to over 22, At the latest summit in , there were no more restrictions. At the beginning of , India had 29 embassies in African countries.

These are not only to extend economic relations, but also to further strengthen links with the diaspora. The NRIs are Indian citizens who have emigrated. Eleven states have at least one million each, and a further 22 states have at least 1, each. The largest groups are in South Africa about 1. Particularly in the island states of the Indian Ocean, the diaspora accounts for a large proportion of the total population.

In the territorial states, on the other hand, the highest share is only 2. The focus was on the Indian community in the USA, which has been economically very successful. In September , the government set up a high-level commission to make new proposals that would encourage relations with the diaspora. Since taking office in , Prime Minister Modi has been intensively involved with the diaspora during his trips abroad.

On a visit to Uganda in the summer of , Modi also addressed the Indian community in the country. The relatively small size of groups of Indian origin, the lack of Indian government support for them, and the success of their integration into African states explain why this new foreign policy initiative initially met with little interest in Africa.

In contrast to Western industrial nations, which separate their economic and development cooperation, the two areas are closely interlinked in India. This term is deliberately intended to set India apart from Western development cooperation. The initial focus was on Ethiopia, Kenya and Mauritius. Equatorial Guinea was of particular importance at that time. These various initiatives have contributed to a significant expansion of trade. However, trade has been declining in recent years.

The main reason for this was the price rise in oil and raw materials. The product focus is on energy and raw materials such as oil, gas, ores and gold. With a share of around 24 per cent, the African continent has become an important energy supplier for India. India imports more energy from Africa and is now less dependent on the Middle East. In , Southern Africa still accounted for around 60 perc ent of exports to India, compared with only 16 per cent from West Africa. By , the picture had changed.

East African states, with their traditionally high proportion of Indian-born inhabitants, are the most important market for Indian products, but accounted for only two per cent of African exports to India in There are regional differences. African countries are interesting for India not only as suppliers of oil and gas, but also of uranium.

Alongside its bilateral relations, India cooperates with a number of regional organisations in Africa. Since then, maritime security issues have received greater attention in its work. India has pursued development measures in Africa for decades, thus increasing its influence there. Moreover, there are six current or former army chiefs who were trained at institutions in India. However, the regional distribution shows that Africa still does not play a major role in overall resource allocation.

The second pillar of development cooperation is loans and subsidies to developing countries by the state-owned Export-Import Bank. The loans are thus not so much development funds, but rather economic development funds for private and state-owned Indian enterprises. India first established a technical college in Nairobi in India has supported the establishment of pan-African institutions with many projects.

The African market sets high hurdles for Indian companies, for example. Land acquisition in Africa is particularly interesting for major investors, as land prices are often lower than in India. For example, Indian food companies can acquire much larger areas of land than in India and outsource their production for the Indian market to third countries at low cost. This concerns both their speed and scope. There are huge prejudices against African students amongst the Indian population, 88 and there have been several violent attacks.

However, this peculiarity is not due to the economic power of the island state with its large Indian section of the population, but rather to its advantageous tax legislation. To save taxes, foreign companies — as well as Indian companies whose owners are Indians abroad Non-Resident Indians — use Mauritius as a starting point for their investments in India. This is why the island state has now replaced Singapore as the most attractive place for Indian foreign investment. Indian companies invest in Africa via Mauritius.

In official statistics, these funds are then listed as direct investments from Mauritius. The small country therefore plays a similar role for India as Hong Kong does for China. In recent years India has also made greater efforts to cooperate on arms policy with individual African states.

Here, the Indian Ocean has a special role to play. On the one hand, India focuses on the fight against piracy, especially in the Horn of Africa; on the other hand, it pursues its rivalry with China, whose expansion in the Indian Ocean it monitors warily. For many years, India has been one of the largest providers of troops for UN blue helmet missions. India has also sent police forces, including female personnel, to Africa on peacekeeping missions.

The Indian Ocean is the main artery of the Indian economy. From to , Indian Navy patrols escorted Indian ships and 1, ships flying other flags in the Gulf of Aden, and fended off 13 pirate attacks. India is not only involved in blue helmet missions alongside African states, but also increasingly in the fight against pirates and terrorists.

Anti-piracy operations are also important for India for another reason. The country has the sixth largest number of seafarers internationally. India has also cooperated militarily with a number of African countries for many years. Since the s, it has been training officers from predominantly English-speaking African states at Indian institutions. In June , two Indian warships were stationed off Maputo to secure the meetings of the World Economic Forum on Africa, and of heads of state from Africa, the Caribbean and the Pacific.

India has traditionally maintained close relations with South Africa, including in the military sphere. The two countries signed an agreement on defence cooperation in India has since signed similar agreements with Tanzania , the Seychelles and Nigeria Some states have already purchased military equipment such as speedboats from India.

Here, as in many other areas, the country is overshadowed by China, which has significantly expanded its arms exports to Africa. China had a ten per cent share of the arms sales in Africa from to The Modi government has once again given greater priority to security cooperation with Africa.

As part of its Belt and Road Initiative, the government in Beijing has invested considerably more in infrastructure and port projects in countries bordering the Indian Ocean in recent years.