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Asia's Changing International Investment Regime

Asia's Changing International Investment Regime
Author: Julien Chaisse
Publisher: Springer
Total Pages: 260
Release: 2017-10-24
Genre: Law
ISBN: 9811058822
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This book focuses on the Asia-Pacific region, delineating the evolving dynamics of foreign investment in the region. It examines the relationship between efforts to increase foreign direct investment (FDI) and efforts to improve governance and inclusive growth and development. Against a background of rapidly developing international investment law, it emphasises the need to strike a balance between these domestic and international legal frameworks, seeking to promote both foreign investment and the laws and policies necessary to regulate investments and investor conduct. Foreign investments play a pivotal role in most countries’ political economies, and in order to encourage cross-border capital flows, countries have taken various steps, such as revising their domestic legal frameworks, liberalising rules on inward and outward investment, and creating special regimes that provide incentives and protections for foreign investment. Alongside the developments in domestic laws, countries have also taken bilateral and multilateral action, including entering into trade and/or investment agreements. Further, the book explores regional investment trends, highlights specific features of Asia-Pacific investment laws and treaties, and analyses policy implications. It addresses four overarching themes: the trends (how Asia-Pacific’s agreements compare with recent global trends in the evolving rules on foreign investment); what China is doing; current investment arbitration practice in Asia; and the importance of regionalising investment law in the Asia-Pacific region. In addition, it identifies and discusses the research and policy gaps that should be filled in order to promote more sustainable and responsible investment. The book offers a valuable resource not only for academics and students, but also for trade and investment officials, policy-makers, diplomats, economists, lawyers, think tanks, and business leaders interested in the governance and regulation of foreign investment, economic policy reforms, and the development of new types of investment agreements.

International Investment Treaties and Arbitration Across Asia

International Investment Treaties and Arbitration Across Asia
Author: Julien Chaisse
Publisher: BRILL
Total Pages: 725
Release: 2018-02-05
Genre: Law
ISBN: 9004360107
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International Investment Treaties and Arbitration Across Asia examines whether and how the Asian region has or may become a significant ‘rule maker’ in contemporary international investment law and dispute resolution, focusing on the ‘ASEAN+6’ economies.

Foreign Direct Investment and Sustainable Development in International Investment Governance

Foreign Direct Investment and Sustainable Development in International Investment Governance
Author: Economic and Social Commission for Asia and the Pacific
Publisher: United Nations
Total Pages: 132
Release: 2020-03-11
Genre: Political Science
ISBN: 9210048369
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Foreign direct investment (FDI) is a principal means of financing the 2030 Agenda for Sustainable Development and the corresponding 17 Sustainable Development Goals. FDI’s potential contributions to sustainable development in Asia-Pacific can only be realized if the right conditions and policies are in place and if both the quantity and quality of FDI to, from, and within the region increase. This requires not only identifying and prioritizing FDI projects in key sustainable development sectors - such as renewable energy, education, health, water and sanitation, etc. - but also developing and operationalizing FDI policies and legal and regulatory frameworks at national and international levels that maximize the sustainable development potential of FDI in local economies. This publication sets explores the latter point further by focusing on two emerging and important issues related to international investment governance: sustainable development-orientation in international investment agreements (IIA) and the coherence between IIAs and national investment laws in Asia-Pacific. This publication comprises of three chapters. The first chapter sets the scene analyses recent FDI trends, both in terms of flows of inward and outward investment as well as FDI policymaking and international investment governance; the second chapter provides an in depth analysis of the extent to which the bilateral investment treaties of Asia-Pacific least developed countries and landlocked developing countries are oriented towards sustainable development; and, the third and final chapter examines the extent of coherence between the IIA regimes and national frameworks for investment in Thailand and Viet Nam. The chapters in this publication offer promising signs that the momentum for and political will to reform the IIA regime to make it more sustainable development-oriented and coherent are picking up, and ESCAP stands ready to further support its member States in their efforts to achieve both.

Direct Foreign Investment In Asia's Developing Economies And Structural Change In The Asia-pacific Region

Direct Foreign Investment In Asia's Developing Economies And Structural Change In The Asia-pacific Region
Author: Eric D Ramstetter
Publisher: Routledge
Total Pages: 327
Release: 2019-03-04
Genre: Political Science
ISBN: 0429690371
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This book aims to produce a monograph evaluating the extent to which direct foreign investment in developing countries is related to structural change in the Asia-Pacific region. It is useful for economists, public policymakers, graduates or undergraduates.

Foreign Investment and Dispute Resolution Law and Practice in Asia

Foreign Investment and Dispute Resolution Law and Practice in Asia
Author: Vivienne Bath
Publisher: Routledge
Total Pages: 284
Release: 2012-03-12
Genre: Law
ISBN: 1136581057
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This book considers foreign investment flows in major Asian economies. It critically assesses the patterns and issues involved in the substantive law and policy environment which impact on investment flows, as well as the related dispute resolution law and practice. The book combines insights from international law and comparative study and is attentive to the socio-economic contexts and competing theories of the role of law in Asia. Contributions come from both academics with considerable practical expertise and legal practitioners with strong academic backgrounds. The chapters analyze the law and practice of investment treaties and FDI regimes in Asia looking specifically at developments in Japan, India, China, Indonesia, Malaysia, Korea and Vietnam. The book explores the impact of the Asian Financial Crisis in the late 1990s and the Global Financial Crisis a decade later, examining actual trends and policy debates relating to FDI and capital flows in Asia before and after those upheavals. Foreign Investment and Dispute Resolution: Law and Practice in Asia is a valuable resource for practitioners, academics and students of International and Comparative Law, Business and Finance Law, Business, Finance and Asian Studies.

China's International Investment Strategy

China's International Investment Strategy
Author: Julien Chaisse
Publisher: Oxford University Press, USA
Total Pages: 561
Release: 2019-02-21
Genre:
ISBN: 0198827458
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Since China adopted its 'open door' policy in 1978, which altered its development strategy from self-sufficiency to active participation in the world market, its goal has remained unchanged: to assist the readjustment of China's economy, to coordinate its modernization programs, and to improve its quality of life. With the 1997 launch of the 'Going Global' policy, an outward focus regarding foreign investment was added, to circumvent trade barriers and improve the competitiveness of Chinese firms. In order to accommodate inward and outward investment, China's participation in the international investment regime has underpinned its efforts to join multilateral investment-related legal instruments and conclude international investment agreements. This collection, compiled by award-winning scholar Professor Julien Chaisse, explores the three distinct tracks of China's investment policy and strategy: bilateral agreements including those with the US and the EU; regional agreements including the Free Trade Area of the Asia Pacific; and global initiatives, spear-headed by China's presidency of the G20 and its 'Belt and Road initiative'. The book's overarching topic is whether these three tracks compete with each other, or whether they complement one another - a question of profound importance for the country's political and economic future and world investment governance.

China’s Foreign Investment Legal Regime

China’s Foreign Investment Legal Regime
Author: Yuwen Li
Publisher: Routledge
Total Pages: 222
Release: 2022-03-11
Genre: Business & Economics
ISBN: 1000551652
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China has developed a piecemeal pattern of regulating foreign investment since the end of 1970s. The latest law is the Foreign Investment Law (FIL), which became effective on 1 January 2020. The groundbreaking new FIL is well acknowledged for its promises and affirmations pledged to investors, signalling China’s eagerness to improve its investment environment and regain momentum for investment growth. This book provides an updated and holistic understanding of the key features of the regulatory regime on foreign investment in China with critical analysis of laws and their implementation. It also examines sensitive and complex legal issues relevant to foreign investment beyond the 2020 FIL and new developments on foreign-related dispute settlement. The book uses cases of success and failure to illustrate the nuances and differences between law and practice regarding foreign investment. Considering China’s magnitude in the global economy and the weighty role of the regulatory system on foreign investment in China, this book is of great interest to a wide range of audience including academics in the field of investment law, legal practitioners, policymakers, and master's students in law and in management.

Foreign Investment and Investment Arbitration in Asia

Foreign Investment and Investment Arbitration in Asia
Author: Carlos Esplugues Mota
Publisher:
Total Pages: 385
Release: 2019
Genre: Arbitration agreements, Commercial
ISBN: 9781780688404
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This book brings together foreign investment and investment arbitration in Asia, the fastest growing economic region in the world. It provides a critical analysis of foreign investment, its benefits and the legal regimes of the jurisdictions studied at a time when investor-state disputes are on the rise and investment arbitration is under growing scrutiny. Governments are under greater pressure to balance the promotion of investment with public policy development and interests and calls for a permanent court for investment arbitration are getting louder. To assess future possibilities, this book takes stock of, brings together and analyses the legal regimes on foreign investment in 12 major Asian jurisdictions, namely China, Hong-Kong, India, Indonesia, Japan, South Korea, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam. These constitute paradigmatic examples of what is happening in the legal framework of Asian foreign investment and the impact that the current system of investment arbitration has in all of them. The analysis shows the existence of changing positions and degrees of openness towards foreign investment in the region, as well as a distinct level of exposure to and involvement in investment arbitration. Predictably, their situation will change in the near future, at least in relation to investment arbitration. Proposals for reform have already been made and international institutions are working on the development of an alternative to the proceedings of investment arbitration as it is currently constructed and understood. Consequently, the last two chapters of this book are devoted to the analysis of these developments that will most probably affect the existing situation in the region.

The Political Economy of the Investment Treaty Regime

The Political Economy of the Investment Treaty Regime
Author: Jonathan Bonnitcha
Publisher: Oxford University Press
Total Pages: 354
Release: 2017
Genre: Business & Economics
ISBN: 019871954X
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Investment treaties are some of the most controversial instruments of global economic governance. This book integrates legal, economic, and political perspectives to offer the first comprehensive analysis of the political economy of the investment treaty regime, and contextualises the investment treaty regime in its broader socio-economic context.

Expansion of Trade and FDI in Asia

Expansion of Trade and FDI in Asia
Author: Julien Chaisse
Publisher: Routledge
Total Pages: 342
Release: 2009-05-22
Genre: Political Science
ISBN: 1134008430
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Foreign direct investment flows have increased dramatically in recent decades and continue to be a driving factor of economic globalisation. As a growth pole in the world economy, large parts of Asia have particularly become an attractive place for market-seeking FDI. In a high number of Asian countries FDI restrictions have been reduced, leading to accelerated technological exchange and globally integrated production and marketing networks. Overall, this has positively benefited the emerging countries that have opened their doors to FDI. Expansion of Trade and FDI in Asia explores the trends of present FDI in Asia and their effects on multilateral regulation of FDI. It reviews the increasing attraction of FDI and the rise of Asian transnational corporations (TNCs) from an economic perspective. It also investigates the legal side of the development, in particular the changes in bilateral and regional FDI regulation, and the lessons that could be learned for International Investment Agreements (IIAs) and the constitution of trading blocs. This book will be of interest to postgraduates and academics interested in Asian studies, Asian economics and international economics.