This collection critically discusses the increasing significance of Asian States in the field of international investment law and policy. Consisting of contributions authored by a leading team of scholars and practitioners of international investment law, this volume contains analyses of both national and multilateral investment law rule-making in Asia, including a critical discussion of certain States' approaches to balancing the different tension between investment protection and the preservation of States' regulatory sovereignty. It also contains thematic chapters on cutting-edge developments which are of relevance to Asia as well as the global community, such as investors' obligations of due diligence, additional transparency in treaty-based investment arbitration responses by ASEAN member States to transboundary haze pollution, and the relevance of human rights obligations in international investment law. It also contemplates future possibilities for investor-State dispute settlement, including the use of investor-State mediation in view of the Singapore Convention on Mediation.
Critically discusses the increasing significance of Asian States in the field of international investment law and policy. Contains analyses of national investment law rule-making in Asia, contributions of Asian States on cutting-edge developments to the global community, and contemplates future possibilities for investor-State dispute settlement.
Papildus informācija
Critically discusses the increasing significance of Asian States in the field of international investment law and policy.
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| Acknowledgements |
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xviii | |
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xxvi | |
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xliv | |
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1 Introduction: The Asian Turn in Foreign Investment |
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3 | (10) |
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PART II NATIONAL APPROACHES WITHIN ASIA TO THE REGULATION AND PROTECTION OF FOREIGN INVESTMENT |
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2 Investment Agreements and Dispute Settlement in Singapore: Setting Standards |
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13 | (16) |
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3 Pharmaceutical Patents and Expropriation in Indian Bilateral Investment Treaties |
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29 | (19) |
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4 Out with the Old, In with the New? Unpacking Myanmar's Consolidated Investment Law |
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48 | (15) |
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5 China and the Investment Treaty Regime: Rule Taker or Rule Maker? |
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63 | (17) |
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6 Procedural Models to Upgrade BITs: China's Experience |
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80 | (23) |
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PART III THE REBALANCING OF REGULATORY SPACE AND INVESTOR PROTECTION IN ASIA |
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7 Regulatory Power and Investors' Interests: Striking a Balance in Investment Treaties Concluded by Japan |
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103 | (15) |
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8 Investment Agreements and Regulatory Space in Indonesia |
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118 | (18) |
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9 Regulation of Foreign Investments in India: Analysing India's 2015 Model BIT |
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136 | (24) |
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10 The Regulation of Foreign Investments in Sri Lanka: A Policy-Based Perspective |
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160 | (23) |
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PART IV MULTILATERAL RULE-MAKING IN ASIA ON TRADE AND INVESTMENT: FROM ASEAN TO THE COMPREHENSIVE AND PROGRESSIVE AGREEMENT FOR TRANS-PACIFIC PARTNERSHIP |
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11 The ASEAN Legal Framework for Free Trade and the Promotion and Protection of Foreign Investment |
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183 | (16) |
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12 ISDS Reform and the EU-Vietnam Investment Protection Agreement: Challenge Accepted! |
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199 | (19) |
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13 Investment Rule-Making in Asia-European Union Relations: Legal and Policy Considerations |
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218 | (24) |
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14 Reports of TPP's Death Have Been Greatly Exaggerated |
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242 | (19) |
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15 The Due Diligence Expansion in International Investment Arbitration |
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261 | (18) |
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16 Combating Haze Pollution through the Enforcement of Investment Treaties and Human Rights |
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279 | (14) |
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17 Transparency in Investor-State Arbitration: Where Does Asia Stand? |
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293 | (16) |
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18 Third-Party Funding in Asia: Developments in Singapore and Hong Kong |
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309 | (18) |
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19 Settling Investment Disputes through Mediation: Possibilities and Limitations |
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327 | (13) |
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20 The Singapore Convention on Mediation: Origins and Application to Investor-State Disputes |
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340 | (23) |
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21 Reconciling Public Interests with Private Interests in International Investment Arbitration and Securing Effective Remedy for Investment-Related Human Rights Violations |
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363 | (16) |
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22 Rebalancing Investment Treaties and Investor-State Arbitration in the Asian Region |
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379 | (20) |
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| Index |
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Mahdev Mohan is the Global Lead for new internet users and emerging markets product policy at Google LLC, and was formerly a faculty member at the Singapore Management University (SMU) School of Law where he taught public international law and directed SMU's Asian Business and Rule of Law initiative. A former Nominated Member of Parliament of Singapore, he is the Executive Director of the Society of International Law Singapore, an editorial board member of the Journal of East Asia and International Law and China and WTO Review, and has written and practised in the fields of public international law, investment arbitration and human rights law in Asia. Mahdev is an Associate Tenant of Temple Garden Chambers within its public international law practice group. Chester Brown is Professor of International Law and International Arbitration at the University of Sydney Law School; a Barrister at 7 Wentworth Selbourne Chambers, Sydney, and an Overseas Member of Essex Court Chambers, London. He teaches and researches in the fields of public international law, international dispute settlement, international investment law, and international commercial arbitration. He also maintains a practice in these fields, and has been involved as counsel in proceedings before the International Court of Justice, the Iran-United States Claims Tribunal, inter-State and investor-State arbitral tribunals, as well as in inter-State conciliation proceedings and international commercial arbitrations.
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