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Legal Risks in Foreign Direct Investment in India

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Abstract

Humans have never developed in isolation. Innovation, adaptation and imitation have played a role in the evolutionary dominance of our species. These actions on our part have been driven by the competitive spirit present in majority of us, howsoever miniscule it may be in individual cases. Amongst other drivers of human behavior, the pursuit of comparative prosperity, reduction of uncertainty and competitive advantage has driven change. This pursuit is driven not just by the desire of the alpha members of the society to dominate, but also the survival instincts of the non-alpha members. Fear of possible annihilation, loss of freedom or being driven out of or deprived of known means of sustenance by alpha members of society or the alpha tribes has been one of the greatest motivators for persuading the rest to overcome the inertia and resistance to change. For much of the human history, war has been the main medium by which this advantage was sought. So many advances in social organization, means of production and science were driven by the need of either to seek advantage in the arena of battle or to ensure that there is sufficient surplus for the society to be able to sustain the war efforts.

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Notes

  1. 1.

    Section 5 and Section 6 of FEMA 1999.

  2. 2.

    Daniel Kahneman. Thinking Fast and Thinking Slow, chapter 24.

  3. 3.

    Roger McCormick, Legal Risks in Financial Markets [2nd edition, OUP], p. 29.

  4. 4.

    Id. Chapter 17.

  5. 5.

    Reliance Industries Ltd. and British Petroleum were granted permission to develop the new KGD-6 block under the new policy allowing pricing freedom after RIL withdrew the arbitration notice on the pricing restrictions on gas drawn and evacuated from the adjacent KG basin over which it had development rights.

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Correspondence to Anil Kumar Rai .

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Rai, A.K. (2019). Legal Risks in Foreign Direct Investment in India. In: Singh, M., Cremer, W., Kumar, N. (eds) Open Markets, Free Trade and Sustainable Development. Springer, Singapore. https://doi.org/10.1007/978-981-13-7426-5_16

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  • DOI: https://doi.org/10.1007/978-981-13-7426-5_16

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