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This book focuses on the Asia-Pacific region, delineating the
evolving dynamics of foreign investment in the region. It examines
the relationship between efforts to increase foreign direct
investment (FDI) and efforts to improve governance and inclusive
growth and development. Against a background of rapidly developing
international investment law, it emphasises the need to strike a
balance between these domestic and international legal frameworks,
seeking to promote both foreign investment and the laws and
policies necessary to regulate investments and investor conduct.
Foreign investments play a pivotal role in most countries'
political economies, and in order to encourage cross-border capital
flows, countries have taken various steps, such as revising their
domestic legal frameworks, liberalising rules on inward and outward
investment, and creating special regimes that provide incentives
and protections for foreign investment. Alongside the developments
in domestic laws, countries have also taken bilateral and
multilateral action, including entering into trade and/or
investment agreements. Further, the book explores regional
investment trends, highlights specific features of Asia-Pacific
investment laws and treaties, and analyses policy implications. It
addresses four overarching themes: the trends (how Asia-Pacific's
agreements compare with recent global trends in the evolving rules
on foreign investment); what China is doing; current investment
arbitration practice in Asia; and the importance of regionalising
investment law in the Asia-Pacific region. In addition, it
identifies and discusses the research and policy gaps that should
be filled in order to promote more sustainable and responsible
investment. The book offers a valuable resource not only for
academics and students, but also for trade and investment
officials, policy-makers, diplomats, economists, lawyers, think
tanks, and business leaders interested in the governance and
regulation of foreign investment, economic policy reforms, and the
development of new types of investment agreements.
'In The ASEAN Comprehensive Investment Agreement: The
Regionalization of Laws and Policy on Foreign Investment, Julien
Chaisse and Sufian Jusoh provide analysis --unmatched in scope and
detail -- of ACIA's role in supporting the development of the ASEAN
Economic Community. This contribution will serve as an invaluable
resource for policymakers, business leaders, lawyers, and scholars
interested in the development of investment law and policy in
Asia.' - Mark Feldman, Peking University, China 'Julien Chaisse and
Sufian Jusoh take up the formidable challenge of unpacking the
ingredients of the Asian ''noodle bowl'', delivering a
comprehensive book that synthesizes the convoluted investment legal
standards pertaining to the ASEAN into an intelligible discourse.
Throughout, they offer insight into the design and purpose of this
model of economic integration, as well as its impact on the rights
of investors from states neighbouring the ASEAN region. This volume
serves as a reliable and practical guidebook that will edify any
reader interested in the subject matter.' - Kyle Dickson-Smith,
FCIArb., Canada/Australia The international law of foreign
investment is one of the fastest growing areas of international
economic law and policy which increasingly rely on large membership
investment treaties such as the ASEAN Comprehensive Investment
Agreement (ACIA). This book comprehensively examines the role of
this specific international treaty on investment and situates it in
the wider global trend towards the regionalisation of laws and
policy on foreign investment. Considering the state of the ASEAN
Economic Community in 2015 and its transformation until 2025,
Julien Chaisse and Sufian Jusoh illustrate the pivotal role ACIA
has to play in future international investment law negotiations and
the benefits to ASEAN and third country investors and their
investments. Collective commitment to a common standard contributes
to depoliticize any potential conflict between individual investors
and host states making the agreement particularly crucial to
discussions involving ASEAN member states and between ASEAN and
Dialogue Partners as well as to investment decisions including
investment liberalization and investment facilitation. Offering the
first detailed analysis of ACIA and its applications, this book
will prove essential reading for legal practitioners in the field
of international investment law as well as researchers and students
studying the ASEAN Economic Community and its contemporary
moulding.
The Asian Yearbook of International Economic Law (AYIEL) 2023
addresses the rapidly evolving field of international economic law
with a special focus on Asia and the Pacific. This region has long
been and remains a major engine of the world economy; at the same
time, it is characterized by a host of economies with varying
developmental levels, economic policies and legal jurisdictions.
The AYIEL 2023 therefore focuses on international economic law,
especially on security and industrial policy.
This book focuses on the Asia-Pacific region, delineating the
evolving dynamics of foreign investment in the region. It examines
the relationship between efforts to increase foreign direct
investment (FDI) and efforts to improve governance and inclusive
growth and development. Against a background of rapidly developing
international investment law, it emphasises the need to strike a
balance between these domestic and international legal frameworks,
seeking to promote both foreign investment and the laws and
policies necessary to regulate investments and investor conduct.
Foreign investments play a pivotal role in most countries'
political economies, and in order to encourage cross-border capital
flows, countries have taken various steps, such as revising their
domestic legal frameworks, liberalising rules on inward and outward
investment, and creating special regimes that provide incentives
and protections for foreign investment. Alongside the developments
in domestic laws, countries have also taken bilateral and
multilateral action, including entering into trade and/or
investment agreements. Further, the book explores regional
investment trends, highlights specific features of Asia-Pacific
investment laws and treaties, and analyses policy implications. It
addresses four overarching themes: the trends (how Asia-Pacific's
agreements compare with recent global trends in the evolving rules
on foreign investment); what China is doing; current investment
arbitration practice in Asia; and the importance of regionalising
investment law in the Asia-Pacific region. In addition, it
identifies and discusses the research and policy gaps that should
be filled in order to promote more sustainable and responsible
investment. The book offers a valuable resource not only for
academics and students, but also for trade and investment
officials, policy-makers, diplomats, economists, lawyers, think
tanks, and business leaders interested in the governance and
regulation of foreign investment, economic policy reforms, and the
development of new types of investment agreements.
This book brings together foreign investment and investment
arbitration in Asia, the fastest growing economic region in the
world. It provides a critical analysis of foreign investment, its
benefits and the legal regimes of the jurisdictions studied at a
time when investor-state disputes are on the rise and investment
arbitration is under growing scrutiny. Governments are under
greater pressure to balance the promotion of investment with public
policy development and interests and calls for a permanent court
for investment arbitration are getting louder.To assess future
possibilities, this book takes stock of, brings together and
analyses the legal regimes on foreign investment in 12 major Asian
jurisdictions, namely China, Hong-Kong, India, Indonesia, Japan,
South Korea, Malaysia, Myanmar, Philippines, Singapore, Thailand
and Vietnam. These constitute paradigmatic examples of what is
happening in the legal framework of Asian foreign investment and
the impact that the current system of investment arbitration has in
all of them. The analysis shows the existence of changing positions
and degrees of openness towards foreign investment in the region,
as well as a distinct level of exposure to and involvement in
investment arbitration.Predictably, their situation will change in
the near future, at least in relation to investment arbitration.
Proposals for reform have already been made and international
institutions are working on the development of an alternative to
the proceedings of investment arbitration as it is currently
constructed and understood. Consequently, the last two chapters of
this book are devoted to the analysis of these developments that
will most probably affect the existing situation in the region.
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