Asian Turn in Foreign Investment (eBook, ePUB)

Redaktion: Mohan, Mahdev

• Format: ePub

Produktbeschreibung

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.

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Produktdetails

• Verlag: Cambridge University Press
• Erscheinungstermin: 26. August 2021
• Englisch
• ISBN-13: 9781108576550
• Artikelnr.: 66178443

Inhaltsangabe

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.