Analysis Of The Whatsapp LLC V. Union Of India Through The Lens Of International Investment Law
- IJLLR Journal
- Jul 4
- 1 min read
Ruchi Makhija, Jindal Global Law School, O.P. Jindal Global University
ABSTRACT
This paper examines the tensions between local legislation and International Investment Agreements (IIAs) in the context of cross-border digital platforms, with a focus on the WhatsApp LLC v. Union of India case. As digital services gain prominence in the global economy, traditional investment protections under IIAs are increasingly prone to challenges by state-level regulatory frameworks, particularly those concerning data privacy, localization, and sovereignty. WhatsApp's challenge to India’s 2021 Information Technology Rules illustrates the delicate balance between protecting national security and adhering to international investment commitments. This paper analyses whether digital services such as WhatsApp can qualify as protected investments under IIAs and explores potential legal claims, including expropriation and the breach of fair and equitable treatment (FET), that such platforms could pursue in response to restrictive local regulations. Ultimately, it seeks to highlight the need for clearer, updated investment definitions and protections to accommodate the evolving digital economy.
Keywords: International Investment Agreements (IIAs), Cross-border digital platforms, Data privacy and localization, Expropriation and Fair and Equitable Treatment (FET)
