India-Bangladesh BIT Joint Interpretative Notes

Readers of this blog may know that India has been seeking to sign a Joint Interpretative Statement for Bilateral Investment Treaties (BITs) with Bahrain, Bangladesh, Bosnia and Herzegovina, Brunei, China, Colombia, Finland, Iceland, Jordan, Kuwait, Laos, Latvia, Libya, Lithuania, Macedonia, Mexico, Mozambique, Myanmar, Saudi Arabia, Senegal, Serbia, Sudan, Syria, Trinidad and Tobago, and Turkey. I have covered this at length here.

It was reported in October 2017 that India and Bangladesh have signed Joint Interpretative Notes for the India-Bangladesh BIT (JIN). While considerable time has passed since then, I still want to discuss this development for the benefit of those who may have missed it.

Photo by Shazia Rahman/Getty Images
Burimari land border crossing July 10, 2015 in Lalmonirhat District, Bangladesh (Photo by Shazia Rahman/Getty Images)

The interpretative notes in the JIN are similar to what was being negotiated by India by way of its Model Interpretative Statement and there is no notable change. This is presumably because of the close bilateral relationship between India and Bangladesh. The clarifications for obligations of Denial of Benefits, Effective Means, Umbrella clauses do not form part of the JIN because there are no corresponding provisions in the India-Bangladesh BIT.

The India-Bangladesh BIT and the corresponding JIN can be found here and here respectively.

The Indian government had also approved signing the Interpretative Statement with Colombia in November 2017 but it does not seem to have been signed by both countries yet.

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