Asia's Changing International Investment Regime: Sustainability, Regionalization, and Arbitration

ISBN-13: 9789811355141 / Angielski / Miękka / 2018 / 260 str.

Julien Chaisse; Tomoko Ishikawa; Sufian Jusoh

Recenzje

"Asia's Changing International Investment Regime will certainly become a widely read book for its scope and accessibility to the readership. It comprehensively covers many regional trends in the increasingly fragmented investment protection regime. In this way, it fulfils its main purpose and complements the existing literature on the rapid development of the international investment law in the Asia-Pacific region which we are witnessing." (Ondrej Svoboda, The Lawyer Quarterly, Vol. 10 (2), 2020)
"Provides a succinct and quite comprehensive overview, as well as some detailed analysis, of key developments and themes in the rapidly evolving field of Asia-Pacific international investment treaties. It is particularly useful for readers in the antipodes ... . this book provides much food for thought and useful information as well as analysis of trends in FDI, regional investment treaties, and treaty-based dispute settlement, in 'Asia' - in a very broad sense. It is definitely worth a closer read." (Luke Nottage and Ana Ubilava, University of Western Australia Law Review, Vol. 44(2), 2018)

Spis treści

Foreword- Shamshad Akhtar, Tenth Executive Secretary of the Economic and Social Commission for Asia and the Pacific (UNSCAP) and United Nations Sherpa for the G20

1. Introduction- Julien Chaisse (CUHK), Tomoko Ishikawa (Nagoya University), and Sufian Jusoh (National University of Malaysia)

PART I – SETTING THE SCENE: REGIONAL TRENDS IN AN EVOLVING GLOBAL SCENARIO 

2. The Changing Patterns of Investment Rule-Making: Issues and actors- Julien Chaisse (CUHK), Tomoko Ishikawa (Nagoya University), and Sufian Jusoh (National University of Malaysia)

3. Shaping Globalization: Recent Trends in Asia-Pacific Foreign Direct Investment- Bekzod Abdullaev and Douglas H. Brooks, Australian APEC Study Centre, RMIT University

4. Reforming the International Investment Regime: Two Challenges- Karl P. Sauvant, Columbia Center on Sustainable Investment

5. Investment Protection and Host State’s Right to Regulate in Indian Model Bilateral Investment Treaty 2015:  Lessons for Asian countries- Prabhash Ranjan, Associate Professor, South Asian University, New Delhi

6. China and International Investment Law- Leon Trakman, Professor, Faculty of Law, University of New South Wales

PART II – THE REGIONALIZATION OF INVESTMENT LAW AND POLICY IN ASIA-PACIFIC

7. Ten as one? Explaining ASEAN Regulation on Foreign Investment- Julien Chaisse (CUHK) and Sufian Jusoh, (National University of Malaysia)

8. China-Japan-Korea Trilateral Investment Treaty: Implications for Future Investment Negotiations in Asia- Shintaro Hamanaka, Economist, Office for Regional Economic Integration, Asian Development Bank

9. Searching for an Ideal International Investment Protection Regime for ASEAN+ Dialogue Partners (RCEP): Where Do We Begin?- Junianto James Losari, Associate, Allen & Overy, Singapore

10. 'One Belt, One Road': China’s New Big Plan and its Impact on FDI- He Jun, Researcher, Foreign Economic Cooperation Centre, Ministry of Agriculture of the People's Republic of China

11. The Role of Pacific Rim FTAs in the Harmonization of International- Investment Law: Towards A Free Trade Area of the Asia-Pacific- Mark Feldman, Rodrigo Monardes Vignolo And Cristian Rodriguez Chiffelle

PART III – TOWARDS A GREATER PRACTICE OF INVESTMENT ARBITRATION IN ASIA-PACIFIC?

12. The future of investor-state Arbitration: Revising the Rules?- Rahul Donde, Cabinet Lévy Kaufmann-Kohler, Geneva and Julien Chaisse, Associate Professor and Director CFRED, Faculty of Law, CUHK

13. Investor-State Dispute Settlement (ISDS) cases in the Asia-Pacific Region – The record- Martina Francesca Ferracane, Policy Analyst, European Centre for International Political Economy, Brussels

14. Breaking the Market Dominance of ICSID? An Assessment of the Likelihood of Institutional Competition, Especially From Asia, In The Near Future- Andrea Bjorklund, Faculty of Law, McGill University and Bryan Druzin, Assistant Professor, Faculty of Law, CUHK

O autorze

Julien Chaisse is a Professor of Law at the Chinese University of Hong Kong (CUHK), Faculty of Law, Hong Kong. He is an award-winning scholar of international law with a special focus on the regulation and development of economic globalisation. Prior to joining the CUHK in 2009, Dr Chaisse was a senior research fellow at the World Trade Institute (Switzerland). Dr Chaisse has served as Director of the CUHK’s Centre for Financial Regulation and Economic Development since 2013. He has established forward-looking legal projects and events at the CUHK, including the series “Asia FDI Forum,” which has become the most prominent conference on foreign investment regulation in Asia. In addition to his professorship, Dr Chaisse is an experienced arbitrator and a leading consultant to international organisations, governments, multinational law firms and private investors. He is also a member of the World Economic Forum’s International Trade and Investment Council. 

Tomoko Ishikawa is an Associate Professor at Nagoya University in Japan. She is a member of the Legal Advisory Committee of the Energy Charter Treaty and an arbitrator at Shenzhen Court of International Arbitration. Her professional experience includes serving as a judge at the Tokyo District Court and holding the position of Deputy Director at the International Legal Affairs Bureau of the Ministry of Foreign Affairs of Japan. Her most recent publications include: ‘Provisional Application of Treaties at the Crossroads between International and Domestic Law’ 31(2) ICSID Review pp. 270–289 (2016); ‘The Rise of the Notion of Illegitimate Debt’ 6(3) Accounting, Economics and Law’ pp. 189–217 (2016) and ‘Restitution as a “Second Chance” for Investor-State Relations: Restitution and Monetary Damages as Sequential Options’ Vol. 3 McGill Journal of Dispute Resolution pp. 154–175 (2017).

Sufian Jusoh is the Deputy Director and a Senior Fellow at the Institute of Malaysia and International Studies, Universiti Kebangsaan Malaysia. Dr. Jusoh has been a consultant to many countries and international organisations such as the World Bank, the Asian Development Bank, ASEAN, the World Trade Organisation and the World Intellectual Property Organisation. He plays a key role in the reform of the investment laws in Myanmar, Timor Leste, Laos and the Federated States of Micronesia. Dr. Jusoh holds an LL.B from Cardiff Law School, an LL.M from University College London and a PhD in Law from University of Bern, Switzerland. He is the co-author of the book “The ASEAN Comprehensive Investment Agreement The Regionalisation of Laws and Policy on Foreign Investment” (Elgar, 2016).

Blurb

This book focuses on the Asia-Pacific region, delineating the evolving dynamics of foreign investment in the region. It examines the relationship between efforts to increase foreign direct investment (FDI) and efforts to improve governance and inclusive growth and development. Against a background of rapidly developing international investment law, it emphasises the need to strike a balance between these domestic and international legal frameworks, seeking to promote both foreign investment and the laws and policies necessary to regulate investments and investor conduct. Foreign investments play a pivotal role in most countries’ political economies, and in order to encourage cross-border capital flows, countries have taken various steps, such as revising their domestic legal frameworks, liberalising rules on inward and outward investment, and creating special regimes that provide incentives and protections for foreign investment. Alongside the developments in domestic laws, countries have also taken bilateral and multilateral action, including entering into trade and/or investment agreements.

Further, the book explores regional investment trends, highlights specific features of Asia-Pacific investment laws and treaties, and analyses policy implications. It addresses four overarching themes: the trends (how Asia-Pacific’s agreements compare with recent global trends in the evolving rules on foreign investment); what China is doing; current investment arbitration practice in Asia; and the importance of regionalising investment law in the Asia-Pacific region. In addition, it identifies and discusses the research and policy gaps that should be filled in order to promote more sustainable and responsible investment.

The book offers a valuable resource not only for academics and students, but also for trade and investment officials, policy-makers, diplomats, economists, lawyers, think tanks, and business leaders interested in the governance and regulation of foreign investment, economic policy reforms, and the development of new types of investment agreements.

“In Asia and the Pacific, reforms still need to be completed to deliver simpler, more transparent and equitable rules based investment regimes… This book provides some of the detail and solid analysis we need to inform work to reform international investment regimes.” – Dr. Shamshad Akhtar, Under-Secretary-General of the United Nations