The Asian turn in foreign investment

著者

    • Mohan, Mahdev
    • Brown, Chester

書誌事項

The Asian turn in foreign investment

edited by Mahdev Mohan, Chester Brown

Cambridge University Press, 2021

  • : hardback

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注記

Includes index

内容説明・目次

内容説明

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.

目次

  • 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.

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