The Asian Turn in Foreign Investment

Critically discusses the increasing significance of Asian States in the field of international investment law and policy.

Mahdev Mohan (Edited by), Chester Brown (Edited by)

9781108426596, Cambridge University Press

Hardback, published 26 August 2021

450 pages
26.2 x 18.4 x 3 cm, 1.06 kg

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.

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.

Subject Areas: Arbitration, mediation & alternative dispute resolution [LNAC5], Civil procedure, litigation & dispute resolution [LNAC], Public international law [LBB]