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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.
This book examines, through the interdisciplinary lenses of
international relations and law, the limitations of cybersecurity
governance frameworks and proposes solutions to address new
cybersecurity challenges. It approaches different angles of
cybersecurity regulation, showing the importance of dichotomies as
state vs market, public vs private, and international vs domestic.
It critically analyses two dominant Internet regulation models,
labelled as market-oriented and state-oriented. It pays particular
attention to the role of private actors in cyber governance and
contrasts the different motivations and modus operandi of different
actors and states, including in the domains of public-private
partnerships, international data transfers, regulation of
international trade and foreign direct investments. The book also
examines key global (within the United Nations) and regional
efforts to regulate cybersecurity and explains the limits of
domestic and international law in tackling cyberattacks. Finally,
it demonstrates how geopolitical considerations and different
approaches to human rights shape cybersecurity governance.
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 explores the potential of the current investor-state
dispute settlement (ISDS) mechanism to materialise the
responsibility of foreign investors through the states'
counterclaims and defences at the jurisdictional, merits, and
quantum phases. In doing so, it seeks to incorporate the recent
developments of ISDS in both international and domestic laws of
certain jurisdictions on corporate responsibility, including the
parent company's due diligence and legal effects of corporations'
voluntary commitments. The book also reflects the interests and
perspectives of the victims who suffered loss and injury due to
investors' conduct. The author demonstrates that the current system
does have the inherent potential to advance responsible investment,
even though reforms are needed to overcome its limitations. Fully
utilising this potential to reflect investor responsibility in
IIA-based dispute settlement mechanisms will help to develop
practices based on greater due diligence and responsible business
conduct.
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