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ASEAN Comprehensive Investment Agreement, The: The Regionalization of Laws and Policy on Foreign Investment
Published by Edward Elgar Publishing Ltd
The international law of foreign investment is one of the fastest growing areas of international economic law and policy which increasingly rely on large membership investment treaties such as the ASEAN Comprehensive Investment Agreement (ACIA).
The international law of foreign investment is one of the fastest growing areas of international economic law and policy which increasingly rely on large membership investment treaties such as the ASEAN Comprehensive Investment Agreement (ACIA). This book comprehensively examines the role of this specific international treaty on investment and situates it in the wider global trend towards the regionalisation of laws and policy on foreign investment. Considering the state of the ASEAN Economic Community in 2015 and its transformation until 2025, Julien Chaisse and Sufian Jusoh illustrate the pivotal role ACIA has to play in future international investment law negotiations and the benefits to ASEAN and third country investors and their investments. Collective commitment to a common standard contributes to depoliticise any potential conflict between individual investors and host states, making the agreement particularly crucial to discussions involving ASEAN Member States and between ASEAN and Dialogue Partners as well as to investment decisions including investment liberalisation and investment facilitation. Offering the first detailed analysis of ACIA and its applications, this book will prove essential reading for legal practitioners in the field of international investment law as well as researchers and students studying the ASEAN Economic Community and its contemporary moulding.
Contents: 1. General Introduction PART I INTRODUCTION: MAPPING THE GROWTH OF THE INTERNATIONAL LAW OF FOREIGN INVESTMENT IN THE ASIA-PACIFIC REGION 2. ASEAN as an Important Investment Destination 3. Emergence of Asian Noodle Bowl of IIAs 4. Recent Phenomena: The Rise of Plurilateral Agreements With Wider Scope PART II ACIA AS A MILESTONE IN ASEAN HISTORY 5. The Asean Economic Community and the Asean Investment Framework 6. ASEAN Investment Scenario PART III THE SUBSTANTIVE REGIME OF THE ACIA 7. Investment Liberalisation 8. Scope of the Agreement: The Investment and the Investor 9. Principle of Non-Discrimination 10. Standards of Protection: Protecting Investors and Investments 11. Other Substantive Rules 12. Exceptions Under ACIA PART IV ACCESS TO DISPUTE SETTLEMENT MECHANISMS 13. Dispute Settlement PART V THE EMERGENCE OF AN ASEAN EXTERNAL INVESTMENT POLICY 14. ASEAN+DP Investment Agreements 15. Salient Similarities and Differences of ASEAN+DP PTAs 16. Cross Benefits of ACIA and ASEAN+DP PTAs PART VI CONCLUSION 17 Conclusion Index
Julien Chaisse, Professor, Faculty of Law & Director Center for Financial Regulation and Economic Development, The Chinese University of Hong Kong and Sufian Jusoh, Institute of Malaysian and International Studies (IKMAS), Universiti Kebangsaan, Malaysia
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