Summary

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.

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Contents:

Preface

Robert French, former Chief Justice of the High Court of Australia

Acknowledgements

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

Shiro Armstrong

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?

Antony Crockett

6. The European Union’s Free Trade Agreement with Singapore – One Step Forward, 28 Steps Back?

Mahdev Mohan

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

Anselmo Reyes

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’?

Romesh Weeramantry

11. International Investment Arbitration in Myanmar: Bounded Rationality, but Not as We Know It

Jonathan Bonnitcha

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

Joongi Kim

17. A Japanese Perspective on International Investment Agreements: Recent Developments

Tomoko Ishikawa

18. China’s International Investment Policy: Formation, Evolution, and Transformation(s)

Julien Chaisse

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

Leon Trakman

21. Governance and International Investment Treaties for Asia: A Principled Approach to Assessing Regulatory Action

Donald Robertson

Index

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