International Investment Treaties and Arbitration Across Asia

Series:

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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Biographical Note

Julien Chaisse, Ph.D (2008), is Professor of Law at The Chinese University of Hong Kong (CUHK) and Director of the Centre for Financial Regulation and Economic Development at CUHK. His publications include International Economic Law and Governance (2016).

Luke Nottage, Ph.D (2002), is Professor of Comparative and Transnational and Business Law, and Associate Director of the Centre for Asian and Pacific Law at the University of Sydney. His 14 books include Independent Directors in Asia (2017).

Review Quote

"This book provides a comprehensive account of developments in international investment law and practice in the Asian region. It places that account in a larger conceptual framework, partly defined by reference to rule making and rule taking by States. It also places it in the real and conceptually untidy world of domestic and international politics. I congratulate the editors and the contributors on their achievement."

~ Hon Robert French AC, Former Chief Justice of Australia


"This is an important book for those who need to understand the real picture of international treaty investment in Asia. This book discusses the current dynamics in each different country and also the ways in which investment treaty arbitration is likely to evolve in the near future. Each chapter contains an independent look at the situation in a different country, so it is not a cookie cutter review with the same set of standard questions for the writer of each chapter to answer. There is much to learn from it and will inform any serious discussion of the future of investment treaty arbitration in Asia."

~ Michael Hwang SC, Barrister and Arbitrator


“Asia is the most dynamic region for investment law and practice, and we finally have a comprehensive volume that covers the region in all its diversity. With a superb set of contributors from inside and outside the region, the volume will be essential reading for any serious scholar or practitioner in the field."

~ Tom Ginsburg, Leo Spitz Professor of International Law and Professor of Political Science at the University of Chicago

Table of 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 ViewLuke Nottage, Julien Chaisse and Sakda Thanitcul 2 The Impact of Investment Treaties and isds Provisions on fdi in Asia and GloballyShiro 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 bit s: 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 ExperienceSufian Jusoh, Muhammad Faliq Abd Razak and Mohamad Azim Mazlan 8 fdi in the Philippines and the Pitfalls of Economic NationalismAnselmo Reyes 9 International Investment Dispute Resolution in Vietnam: Opportunities and ChallengesNguyen 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 ItJonathan Bonnitcha 12 International Investment Arbitration in Laos: Large Issues for a Small StateRomesh Weeramantry and Mahdev Mohan 13 International Investment Policy of Small States: The Case of BruneiBruno Jetin and Julien Chaisse 14 The Limits of Isomorphism: Global Investment Law and the asean Investment RegimeSungjoon 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 ContoursJoongi Kim 17 A Japanese Perspective on International Investment Agreements: Recent DevelopmentsTomoko 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 ArbitrationLeon Trakman 21 Governance and International Investment Treaties for Asia: A Principled Approach to Assessing Regulatory ActionDonald Robertson Index

Readership

Academics in law, Asian studies, international relations, political economy; postgraduate students; policy-makers in national bodies, international organisations and NGOs; and legal practitioners.