The Asian Turn in Foreign Investment

ISBN-13: 9781108426596 / Angielski / Twarda / 2021 / 450 str.

Mahdev Mohan (Singapore Management University);Chester Brown (University of Sydney)

Opis

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.

Spis treści

Part I. Introduction: 1. The Asian Turn in Foreign Investment Mahdev Mohan and Chester Brown; Part II. National Approaches within Asia to the Regulation and Protection of Foreign Investment: 2. Investment Agreements and Dispute Settlement In Singapore: Setting Standards Mahdev Mohan; 3. Pharmaceutical Patents and Expropriation in Indian Bilateral Investment Treaties Prabhash Ranjan; 4. Out with the Old, in with the New: Unpacking Myanmar's Consolidated Investment Law Ei Ei Aung, Mahdev Mohan and Aziah Hussin; 5. China and the Investment Treaty Regime: Rule Taker or Rule Maker? Sheng Zhang; 6. Procedural Models to Upgrade Bits: China's Experience Jeanne Huang; Part III. The Re-Balancing of Regulatory Space and Investor Protection in Asia: 7. Regulatory Power and Investors' Interests: Striking a Balance in Investment Treaties Concluded by Japan Shotaro Hamamoto; 8. Investment Agreements and Regulatory Space In Indonesia Antony Crockett; 9. Regulation of Foreign Investments in India: Analysing India's 2015 Model Bit Shreyas Jayasimha and Abhimanyu George Jain; 10. The Regulation of Foreign Investments in Sri Lanka: a Policy-Based Perspective Naazima Kamardeen and Dinusha Panditaratne; Part IV. Multilateral Rule-Making in Asia on Trade and Investment: From ASEAN to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership: 11. The ASEAN Legal Framework for Free Trade and the Promotion and Protection of Foreign Investment Chester Brown and Henry Winter; 12. ISDS Reform and the Eu–Vietnam Investment Protection Agreement: Challenge Accepted! Nguyen Manh Dzung and Dang Vu Minh Ha; 13. Investment Rule-Making In Asia-European Union Relations: Legal and Policy Considerations Julien Chaisse and Xu Qian; 14. Reports of TPP's Death Have Been Greatly Exaggerated C. L. Lim; Part V. Emerging Issues: 15. The Due Diligence Expansion In International Investment Arbitration Aloysius Llamzon and Jessica Beess Und Chrostin; 16. Combating Haze Pollution through the Enforcement of Investment Treaties and Human Rights Robert Mccorquodale and Mark Mangan; 17. Transparency in Investor-State Arbitration: Where Does Asia Stand? N. Jansen Calamita and Ewa Zelazna; 18. Third Party Funding in Asia: Developments in Singapore and Hong Kong Ingrid Coinquet and Siraj Shaik Aziz; 19. Settling Investment Disputes through Mediation: Possibilities and Limitations Jaemin Lee; 20. The Singapore Convention on Mediation: Origins and Application to Investor-State Disputes Nadja Alexander and Shouyu Chong; Part VI. What Lies Ahead?: 21. Reconciling Public Interests with Private Interests in International Investment Arbitration and Securing Effective Remedy for Investment-Related Human Rights Violations Surya Subedi; 22. Rebalancing Investment Treaties and Investor-State Arbitration in the Asian Region Luke Nottage.