Special Issue: International Investment Arbitration in Southeast Asia

An Introduction

in The Journal of World Investment & Trade
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

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.

Special Issue: International Investment Arbitration in Southeast Asia

An Introduction

in The Journal of World Investment & Trade

Sections

Figures

  • View in gallery
    FDI Inflows into ASEAN Member States
  • View in gallery
    Net FDI Flows into ASEAN Member States (excluding Myanmar)
  • View in gallery
    Rule of Law Indicators for Eight ASEAN Member States
  • View in gallery
    Consistency in Investment Treaty Making by ASEAN Member States
  • View in gallery
    ISDS Claims Against ASEAN States and by ASEAN Investors (confirmed as of 28 February 2017)
  • View in gallery
    BIT and FTA Signings versus First ISDS Claims Involving ASEAN Member States
  • View in gallery
    WTO Claims by and Against ASEAN Member States

Index Card

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 29 29 23
Full Text Views 7 7 7
PDF Downloads 4 4 4
EPUB Downloads 0 0 0