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IIM Indore

Biofuels share a meagre fraction in the total fuel consumption, and their usage is speculated to upsurge steadily in the years to come. One of the key drivers for the development of biofuel production industries and simultaneous dilution of biofuels in the energy market is the country's policy. Hence, this critical review focuses on the evolution of biofuel policies in the BRICS (Brazil, Russia, India, China, and South Africa) nations and successful implementation of the policies by the respective countries. In detail, this paper provides legal framework and policies prompted the expansion of biofuel research and industries across the BRICS nations. It extensively presents key laws, blending targets, current regulation, national action plan, government support mechanism (subsidies), output targets, and major hurdles and scope in biofuel policies of BRICS nations for efficient penetration of biofuel to the energy market.

Humanities and Social Sciences

Fuel

A comprehensive assessment of biofuel policies in the BRICS nations: Implementation, blending target and gaps

The values of confidentiality and transparency are often invoked in the theory and practice of investment treaty arbitration. Transparency is considered to be one of the key aspects of good governance and corporate social responsibility. It includes the obligation of the host state to publish all the legal rules, regulations and other statutory requirements affecting investors. Confidentiality is considered the hallmark and unique feature of arbitration as a dispute resolution mechanism. However, it is difficult to balance these two values, in principle due to the difference in the various investment arbitration cases, as well as the high degree of public interest involved in such proceedings. The competing interests between transparency and confidentiality have significantly increased in the recent past, and the difficulty lies in drawing a medial line between them. There is also debate as to what extent non-disputing parties are allowed to participate in investment arbitration, and what the essential requirements are to admit them. It is in this connection that this article makes an in-depth analysis of how investment arbitration frameworks have approached the questions of transparency, confidentiality and amicus curiae participation over the years. The article assesses and explores similar issues within the International Convention on the settlement of investment disputes between States and nationals of other States, 1965 (ICSID), the North American Free Trade Agreement, 1994 (NAFTA) and the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules, 1978. The study also makes a critical analysis of celebrated cases falling within each category. The article further elaborates the transparency requirements in the U.S. Model Bilateral Investment Treaty (BIT), 2012, and the recently adopted Indian Model BIT, 2015. The study is very significant because the United Nations has recently adopted the Convention on Transparency in Treaty-based Investor- State Arbitration, 2014 (Mauritius Convention), which ensures transparency and public accessibility to investor-state arbitration.

Fulltext

BRICS Law Journal

TRANSPARENCY AND CONFIDENTIALITY REQUIREMENTS IN INVESTMENT TREATY ARBITRATION

Global warming issue due to the combustion of fossil fuel pushes the world to produce renewable and environmental friendly fuel from sustainable feedstock. There are several measures on different levels to reduce the global warming including clean energies from wind, solar, and biomass. There are different aspects in bringing these technologies into a reality including development of technology, economic feasibilities, environmental sustainability and finally, support from the government in the form of effective policies and public awareness. Adequate R&D efforts could overcome all the factors but only an effective policy could drive those efforts to reality. Therefore, in this connection this review initially addresses the present state of energy demand, progression of biofuel sources and the bottlenecks in microalgal biofuel production and commercialization. The biofuel policies are essential to change the world's dependence on fossil fuels for a better tomorrow. Hence, this review addresses the salient features of National Biofuel Policy of India that helps in regulating the biofuels production and their marketing. As a part of Policy implementation, government of India introduced several schemes and programs in last two-decades, which includes mandate blending of ethanol with gasoline, diesel with biodiesel, for the future clean energy vision, and incentivizing bio-based products/fuels. In addition, participation of both federal and state governments for clean energy initiatives, capital investments and tax credits were described in detail. Many policies lack easy outreach among public and industries, which needs marketing by the government that secures a clean energy future in India. Though India is in the process of evolution, it might be quite difficult to enact a dedicative legislation to deal with the challenges of biofuel marketing. Therefore, recent initiatives and scope were summarized in this review for future endeavours.

Journal of Cleaner Production

Biofuel policy in India: A review of policy barriers in sustainable marketing of biofuel

This article makes a concerted attempt to comparatively evaluate the role of domestic courts vis-à-vis investment disputes with the specific focus on South Asian Countries. For this purpose, the study analyses the dispute settlement provisions in the selected bilateral investment treaties ( BITs) and their interactions with the system of national courts in these countries. The article also simultaneously looks into the general tendency of the courts of these countries to exercise judicial review over the investment awards rendered by investment arbitral tribunals. The study is also very significant as recently India has revised its previous Model BIT 2003 and the revised Model BIT 2015 seeks to prescribe exhaustion of local remedies as a condition precedent for submission of a claim to investment treaty arbitration.

World University root node

International Arbitration Law Review

Role of Domestic Courts in the Investor-State Dispute Settlement Process: The Case of South Asian BITs

Biotechnology Law Report

The Biotechnology Regulatory Authority of India Bill, 2013—A Threat to the Safety of India's Food and Farming

The authors highlight the paradigmatic shifts in Indian Bilateral Investment Treaties and the challenges associated with the new model of 2015.

The Indian Economist

Paradigmatic Shifts in Indian Bilateral Investment Treaties

In the case of biotechnology, one of the major challenges in the process of regulation is to establish and maintain an appropriate balance between potential benefits of the technology and environmental and health risks posed by it. Though this dilemma has been resolved to a certain extent, owing to the provisions of the Cartagena Protocol on Biosafety in the evaluation and the management of risks, the contracting parties face several difficulties and challenges in the development of the legal framework implementing the international obligations at the national level. It is in this connection, the paper attempts to find out how biotechnology is currently regulated in India and how it is proposed to be regulated under the Biotechnology Regulatory Authority of India (BRAI) Bill, 2013.

International Journal of Private Law

India and the international biosafety law: a critical legal appraisal of the Biotechnology Regulatory Authority of India Bill, 2013

The investment treaty arbitral tribunals had experienced a significant increase in the disputes initiated for noncommercial activities, such as environmental protection, public health, human rights and labour standards. It has witnessed the greater participation of civil society as non-disputing parties to gain access to these forums as amicus curiae. Initially, none of the international investment instruments had explicitly authorized the submission of amicus curiae briefs. It was only after 2001 when the NAFTA tribunal accepted amicus curiae briefs in the most celebrated case of Methanex, which was followed by the UPS and the Glamis disputes, it is emerging as a practice in the investment treaty arbitration. The ICSID tribunal also admitted amicus briefs on the basis of public interest for the first time in the Vivendi case on 19 May 2005, followed by the Aguas Provinciales in 2006 for the purpose of distribution of water. As an outcome of this Tribunal, the ICSID Arbitration Rules were amended to incorporate an explicit provision to approve amicus curiae briefs. The acceptance of amicus briefs clearly shows the interest of the common public in the process of investment arbitration. Most of the scholars welcomed the arrival of non-disputing parties in the ICSID and the UNCITRAL arbitrations. But, the confidentiality of proceedings remains as a general rule. Amicus-curiae are refused to access documents and to attend hearings unless disputing parties consented to do so. This practice apparently raised a serious doubt on greater transparency and equal participation of non-disputing parties in arbitral proceedings. It is in this connection, the paper makes a concerted attempt to address the pertinent issues involved in participation of amicus curiae in arbitral proceedings. It further looks into the details on various issues on access to information, publication of awards and the admissibility of amicus curiae briefs.

Journal of Civil & Legal Sciences

The Participation of Amicus Curiae in Investment Treaty Arbitration

This article makes a concerted attempt to comparatively evaluate the role of domestic courts vis-`a-vis investment disputes with the specific focus on South Asian Countries. For this purpose, the study analyses the dispute settlement provisions in the selected bilateral investment treaties ( BITs) and their interactions with the system of national courts in these countries. The article also simultaneously looks into the general tendency of the courts of these countries to exercise judicial review over the investment awards rendered by investment arbitral tribunals. The study is also very significant as recently India has revised its previous Model BIT 2003 and the revised Model BIT 2015 seeks to prescribe exhaustion of local remedies as a condition precedent for submission of a claim to investment treaty arbitration.

SSRN Electronic Journal

Role of Domestic Courts in the Investor-State Dispute Settlement Process: The Case of South Asian Bits

Over the years, the investment treaty arbitration has emerged as the chief means to resolve disputes between foreign investors and the host state. One of the major reasons for this development is that in case of invocation of investment treaty arbitration, the recourse to domestic courts is almost excluded. From the investor’s perspective, domestic courts are not usually considered as an effective forum to settle their disputes with the host state because of the perceived fear of home-court bias. However, in practice, domestic courts are making interventions in the resolutions on numerous occasions. More importantly, the ICSID Additional Facility and the non-ICSID awards are subject to review by domestic courts at the time of enforcement of awards or for purposes of grant of interim reliefs. There are also other instances in which judicial proceedings are pursued in parallel to investment arbitration, especially in cases of&nbsp;…