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This book reviews the periodic changes in the legal policies of the
late-developing ASEAN countries, often known as the CLMV countries
(Cambodia, Laos, Myanmar, and Vietnam), in their continuous path
toward globalization after the collapse of the socialist bloc. The
book also identifies the characteristics of the legal reforms in
their present stage guided by the common framework under the ASEAN
Economic Community (AEC) moving toward 2025. The first stage is
illustrated by the ASEAN-style utilization of foreign investments
as reflected in all investment laws and policies of CLMV countries
in the 1990s, which featured entry control (as “sticks”) and
investment incentives (as “carrots”). Those controls and
incentives were the means to induce investors to assume various
performance requirements to contribute to industrial policies. The
second stage witnessed a shift toward enhanced liberalization as an
endeavor toward the WTO accession during the 2000s, as seen in the
integrated investment laws that appealed for the national treatment
of foreign investors. At the same time, those investment laws
emphasized the substantive provisions (e.g., fair and equitable
treatment and indirect expropriation) and procedural protections
(e.g., provision of Investor–State Dispute Resolution mechanisms)
as an appeal for stabilization of the investment climate. The third
stage of legal policy, as evidenced by the recent amendments to the
investment laws, is newly focused on environmental and social
considerations, which seems to be an indispensable response to the
increasing social protests against the negative impacts of
investment promotion. Simultaneously, the means of administrative
controls over investors, established in the first stage, are
uniquely utilized for the realization of new goals.
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