More from the Draft Indian Model BIT: Exceptions

Here's one more provision from that draft Indian model BIT:

Chapter V – Exceptions

Article 16: General Exceptions

16.1 Nothing in this Treaty precludes the Host State from taking actions or measures of general applicability which it considers necessary with respect to the following, including:

(i) protecting public morals or maintaining public order;

(ii) ensuring the integrity and stability of its financial system, banks and financial institutions;

(iii) remedying serious balance-of-payments problems, exchange rate difficulties and external financial difficulties or threat thereof;

(iv) ensuring public health and safety;

(v) protecting and conserving the environment including all living and non-living natural resources;

(vi) improving working conditions;

(vii) securing compliance with the Law for the prevention of deceptive and fraudulent practices or to deal with the effects of a default on a contract;

(viii) protecting privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts; or

(ix) protecting national treasures or monuments of artistic, cultural, historic or archaeological value.

Note the word "considers," which, as we know, makes this provision "self-judging," and thus quite broad.