The ‘Necessary’ Nexus Requirement Link in General Exception Provisions of South Asian Bilateral Investment Treaties and Some Insight on Its Interpretative Approach in the Context of South Asia

Abstract

Nexus requirement links (NRLs) in general exception provisions of bilateral investment treaties (BITs) are an important connecting factor between measures taken by States and objectives pursued by States. This article attempts to make a first-ever detailed study of NRLs as necessary features of general exception provisions in all BITs in force that are signed by South Asian countries. The objective of this study is to map and ascertain a suitable interpretative approach of ‘necessary’ NRLs against the background of various interpretative methodologies adopted by different investment tribunals. For this purpose, the article delves into the meaning of NRLs in general, the relevance of studying ‘necessary’ NRLs in South Asia, and the mapping of ‘necessary’ NRLs, and it concludes by offering a suitable interpretative approach in the South Asian context.