Across the world, “national security” is fast becoming the most powerful justification for economic intervention. What was once an exception in global trade law is steadily becoming the rule, notes Sanjay Notani, Partner at Economic Laws Practice.

In April 2020, at the height of the pandemic, India revised its foreign investment rules through Press Note 3, requiring government approval for investments from countries sharing a land border. Framed as a safeguard against opportunistic takeovers, the measure has since become a durable feature of India’s investment regime, with recent refinements aimed at balancing security concerns with investor confidence.
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