Save

Special Issue: International Investment Arbitration in Southeast Asia

An Introduction

In: The Journal of World Investment & Trade
Authors:
Luke Nottage University of Sydney Australia

Search for other papers by Luke Nottage in
Current site
Google Scholar
PubMed Close
and
Sakda Thanitcul Chulalongkorn University Bangkok Thailand

Search for other papers by Sakda Thanitcul in
Current site
Google Scholar
PubMed Close
Online Publication Date:
06 Dec 2017
Download Citation Get Permissions

Access options

Get access to the full article by using one of the access options below.

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institution

Purchase

Buy instant access (PDF download and unlimited online access):

$40.00
Add to Cart

Other access options

Rent on DeepDyve
Redeem Access Token

Abstract

The dynamic economies of the Association of Southeast Asian Nations (ASEAN) have individually concluded many standalone bilateral investment treaties (BITs) and a growing number of bilateral and regional free trade agreements (FTAs), supplemented by intra-ASEAN and ‘ASEAN+’ agreements. These aim to facilitate and protect burgeoning foreign direct investment (FDI) flows, outlined in Part 2, including large outflows recently from several states. Part 3 outlines treaty-making trends, including considerable consistency from many member states as well as some interesting innovations, against the backdrop of persistent problems of poor governance. Part 4 highlights nonetheless the relative paucity of investor-state dispute settlement (ISDS) claims against ASEAN member states, with only a few adverse awards, which helps explain why treaty-based ISDS has not been abandoned. Part 5 also notes several contributions from this ISDS case law to international investment law, and Southeast Asia’s potential to keep influencing its trajectory.

Title:
Special Issue: International Investment Arbitration in Southeast Asia
Article Type:
Research Article
DOI:
https://doi.org/10.1163/22119000-12340061
Language:
English
Pages:
767–792
Keywords:
foreign direct investment (FDI); international investment law; bilateral investment treaties (BITs); free trade agreements (FTAs); investor-state dispute settlement (ISDS); arbitration; Association of Southeast Asian Nations (ASEAN); Asian law
In:
The Journal of World Investment & Trade
In:
Volume 18: Issue 5-6
Publisher:
Brill | Nijhoff
E-ISSN:
2211-9000
Print ISSN:
1660-7112
Subjects:
International Commercial, Trade & Investment Law, International Law

Content Metrics

All Time Past 365 days Past 30 Days
Abstract Views 2543 124 22
Full Text Views 349 8 0
PDF Views & Downloads 160 30 0