With changes to the international investment law landscape and Asian countries now actively developing their network of bilateral investment treaties (BITs) and free trade agreements (FTAs), this volume studies issues relating to Asian perspectives on international investment law and forecasts the future of Asian contribution to its science and practice.
The book discusses the major factors that have been driving Asian countries to new directions in international investment rule-making and dispute settlement. It also looks at whether Asian countries are crafting a new model of international investment law to reflect their specific socio-cultural values. Finally, the book examines whether there are any ‘Asian’ styles of international investment rule-making and dispute settlement, or if individual Asian countries are seeking specific national ‘models’ based on economic structure and geopolitical interests.
This unique collection is exceptionally useful to students, scholars and practitioners of international investment law, international trade law and public international law.
Table of Contents
1. Introduction. 2. China’s approach towards investment agreements and its interests involved in international investment rule making. 3. Investment dispute-settlement trends between Far-East and Ibero-America. 4. Defending the undefendable: Asia’s sovereignist battles against easy access to investment treaty arbitration. 5. Will Asia breathe life into a Multilateral Investment Court? Thoughts on the feasibility and design of a new, stand-alone court. 6. Rethinking the role of labour provisions under Asian international investment regime: a possible linkage with FTAAP? 7. In the habit of giants: fair and equitable treatment and structural risk factors in conglomerate-led newly industrialized countries. 8. Objective criteria and ratione legis condition in the definition of investment: global trends and the Chinese practice. 9. The ASEAN comprehensive investment agreement approach to due process: does arbitral case law matter? 10. The role of non-disputing contracting party’s expression of intention in investment arbitration: observations on the PRC letters in the Saga of Sanum v. Laos.
Subject index. Index of cases. Index of treaties.
Junji Nakagawa is Professor of International Economic Law at the Institute of Social Science, University of Tokyo, Tokyo, Japan. His publications include Nationalization, Natural Resources and International Investment Law: Contractual Relationship as a Dynamic Bargaining Process (Routledge, 2017); WTO: Beyond Trade Liberalization (Iwanami Shoten, 2013, in Japanese); Transparency in International Trade and Investment Dispute Settlement (Routledge, 2013); Multilateralism and Regionalism in Global Economic Governance (Routledge, 2011); International Harmonization of Economic Regulation (Oxford University Press, 2011); Anti-Dumping Laws and Practices of the New Users (Cameron May, 2007); and Managing Development: Globalization, Economic Restructuring and Social Policy (Routledge, 2006).
'The book Asian Perspectives on International Investment Law, edited by Junji Nakagawa, offers fresh and essential reading on the changing landscape of international investment law in Asia. Asian countries have been actively engaged regional rule-making in international investment law as illustrated by the ASEAN Comprehensive Investment Agreement, China-Japan-Korea Trilateral Investment Agreement, and the Comprehensive and Progressive Agreement for Trans-Pacific (CPTPP) investment chapter. The book, in particular, provides a thorough explanation of the major factors that put Asian countries to new directions in international investment rule-making and dispute settlement. The editor is to be congratulated not only on his selection of authors but also on the speed with which they have taken them from conference presentation to book chapter.' — Julien Chaisse, Professor, Faculty of Law, Chinese University of Hong Kong (CUHK) and Advisory Board Member, Asian Academy of International Law (AAIL)
'The last decades witnessed remarkable growth in investment flows and a steady shift of the world’s economic centre of gravity to Asia. Countries in the region are becoming active participants in the global market and contributing to rethink and reshape its principles and practices. This book addresses several key issues for the international investment law and dispute settlement system but also demonstrates why Asia will be the major gravitational force driving its future.' — Fernando Dias Simões, Associate Professor, Faculty of Law of the Chinese University of Hong Kong