International Investment Treaties and Arbitration Across Asia brings together leading academics and practitioners to examine whether and how the Asian region has or may become a significant `rule maker' in contemporary international investment law and dispute resolution. The editors introduce FDI trends and regulations, investment treaties and arbitration across Asia. Authors add country studies for the ten member states of the Association of Southeast Asian Nations as well as an overview of ASEAN treaties, or examine other potential `middle powers' (Korea, Australia and New Zealand collectively) and the emerging `big players' (China, Japan and India). Two early chapters present econometric studies of treaty impact on FDI flows, in aggregate as well as for Thailand, while two concluding chapters offer other normative and forward-looking perspectives.
(source: Nielsen Book Data)
Robert French, former Chief Justice of the High Court of Australia
List of Illustrations
List of Abbreviations
Notes on Contributors
Part 1: Cross-cutting Themes
1. International Investment Treaties and Arbitration Across Asia: A Bird’s Eye View
Luke Nottage, Julien Chaisse and Sakda Thanitcul
2. The Impact of Investment Treaties and isds Provisions on fdi in Asia and Globally
3. Do Investment Treaties Work – In the Land of Smiles?
Jason Webb Yackee
Part 2: Southeast Asia – Country Studies & ASEAN Initiatives
4. International Investment Arbitration in Thailand: Limiting Contract-based Claims While Maintaining Treaty-based isds
Luke Nottage and Sakda Thanitcul
5. The Termination of Indonesia’s bits: Changing the Bathwater, but Keeping the Baby?
6. The European Union’s Free Trade Agreement with Singapore – One Step Forward, 28 Steps Back?
7. Malaysia and Investor-State Dispute Settlement: Learning from Experience
Sufian Jusoh, Muhammad Faliq Abd Razak and Mohamad Azim Mazlan
8. fdi in the Philippines and the Pitfalls of Economic Nationalism
9. International Investment Dispute Resolution in Vietnam: Opportunities and Challenges
Nguyen Manh Dzung and Nguyen Thi Thu Trang
10. International Investment Law and Practice in the Kingdom of Cambodia: An Evolving ‘Rule Taker’?
11. International Investment Arbitration in Myanmar: Bounded Rationality, but Not as We Know It
12. International Investment Arbitration in Laos: Large Issues for a Small State
Romesh Weeramantry and Mahdev Mohan
13. International Investment Policy of Small States: The Case of Brunei
Bruno Jetin and Julien Chaisse
14. The Limits of Isomorphism: Global Investment Law and the asean Investment Regime
Sungjoon Cho and Jürgen Kurtz
Part 3: Other Potential ‘Middle Powers’ & the Big Players
15. Foreign Investment Regulation and Treaty Practice in New Zealand and Australia: Getting it Together in the Asia-Pacific?
Amokura Kawharu and Luke Nottage
16. Korea’s International Investment Agreements: Policy at the Contours
17. A Japanese Perspective on International Investment Agreements: Recent Developments
18. China’s International Investment Policy: Formation, Evolution, and Transformation(s)
19. Investor State Dispute Settlement in the 2016 Indian Model Bilateral Investment Treaty: Does it Go Too Far?
Prabhash Ranjan and Pushkar Anand
Part 4: Forward-looking Perspectives
20. An Empirical Case for Extending Standing Panels in Investor-State Arbitration
21. Governance and International Investment Treaties for Asia: A Principled Approach to Assessing Regulatory Action