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In recent decades, South East Asia has become one of the world's
most popular destinations for foreign investment. The member states
of the Association of Southeast Asian Nations (ASEAN) have employed
varying modalities to pursue first security and then economic
cooperation. This book explores regional law and governance in
ASEAN through the lens of its regulation of foreign investment. It
adopts a new framework to identify the unique ontological autonomy
of the ASEAN Investment Regime beyond a simple aggregation of its
individual member states. It deploys a sociology-led approach
(especially constructivism) and emphasizes ideational factors (such
as culture and norms) that guide state actions from within. The
book explores the manner in which ASEAN's history and culture have
fundamentally shaped its foreign investment policies, leading to
outcomes that often depart fundamentally from the external
structure and script of Global Investment Law.
In September 2015, world leaders adopted the 2030 Agenda for
Sustainable Development. The Sustainable Development Goals (SDGs)
represent a distinctive approach to development that moves away
from a narrow perspective on economic development to an integrative
agenda that simultaneously pursues ecological, social and economic
goals. Trade and foreign investment are important economic vectors
through which many of these goals can be achieved. Much depends,
however, on whether and how SDGs are incorporated in international
trade and investment agreements, and in private or public sector
initiatives. Policymakers are also confronted with the
interdependence of the SDGs which raises difficult trade-offs
between various Goals. The contributions in this book explore the
penetration and trade-offs of the SDGs, drawing on a
multi-disciplinary approach incorporating insights from economists,
lawyers and political scientists. The book offers a valuable guide
for scholars and policy makers in identifying and evaluating the
complex challenges related to sustainable development.
In September 2015, world leaders adopted the 2030 Agenda for
Sustainable Development. The Sustainable Development Goals (SDGs)
represent a distinctive approach to development that moves away
from a narrow perspective on economic development to an integrative
agenda that simultaneously pursues ecological, social and economic
goals. Trade and foreign investment are important economic vectors
through which many of these goals can be achieved. Much depends,
however, on whether and how SDGs are incorporated in international
trade and investment agreements, and in private or public sector
initiatives. Policymakers are also confronted with the
interdependence of the SDGs which raises difficult trade-offs
between various Goals. The contributions in this book explore the
penetration and trade-offs of the SDGs, drawing on a
multi-disciplinary approach incorporating insights from economists,
lawyers and political scientists. The book offers a valuable guide
for scholars and policy makers in identifying and evaluating the
complex challenges related to sustainable development.
International law has historically regulated foreign trade and
foreign investment differently. Distinct evolutionary pathways have
led to variances in treaty form, institutional culture, and dispute
settlement. With their inevitable erosion through the late
twentieth to early twenty-first centuries, those weak boundaries
have become porous and indefensible. Powerful economic, legal and
sociological factors are now pushing the two systems together. In
this book, Jurgen Kurtz systematically explores the often complex
and little-understood dynamics of this convergence phenomenon.
Kurtz addresses the growing connections between international trade
and investment law, proposing a theoretically grounded and
doctrinally tractable framework to understand the deepening
relationship between them. The book also offers reform ideas and
possibilities, providing treaty negotiators and other government
officials with a set of theoretical insights and doctrinal models
that can guide actors in building a justifiable and sustainable
level of commonality between the two legal systems.
International law has historically regulated foreign trade and
foreign investment differently. Distinct evolutionary pathways have
led to variances in treaty form, institutional culture, and dispute
settlement. With their inevitable erosion through the late
twentieth to early twenty-first centuries, those weak boundaries
have become porous and indefensible. Powerful economic, legal and
sociological factors are now pushing the two systems together. In
this book, Jurgen Kurtz systematically explores the often complex
and little-understood dynamics of this convergence phenomenon.
Kurtz addresses the growing connections between international trade
and investment law, proposing a theoretically grounded and
doctrinally tractable framework to understand the deepening
relationship between them. The book also offers reform ideas and
possibilities, providing treaty negotiators and other government
officials with a set of theoretical insights and doctrinal models
that can guide actors in building a justifiable and sustainable
level of commonality between the two legal systems.
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