264 pages | 2 B/W Illus.
With changes to the international investment law landscape and Asian countries now actively developing their network of BITs and 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 and scholars of international investment law, international trade law and public international law.
'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)
1. Introduction (Junji Nakagawa)
2. China’s Approach towards Investment Agreements and Its Interests Involved in International Investment Rule-Making (Wei Yin)
3. Investment Dispute-settlement Trends between Far-East and Ibero-America (Alejandro Garcia Jimenez)
4. Defending the Undefendable: Asia’s Sovereignist Battles against Easy Access to Investment Treaty Arbitration (Relja Radvic)
5. Will Asia Breathe Life into a Multilateral Investment Court? Thoughts on the Feasibility and Design of a New, Stand-alone Court (Celine Levesque)
6. Rethinking the Role of Labour Provisions under Asian International Investment Regime: A Possible Linkage with FTAAP? (Zheng Lizhen)
7. In the Habit of Giants: Fair and Equitable Treatment and Structural Risk factors in Conglomerate-led Newly Industrialized Countries (Soo-Hyun Lee)
8. Objective Criteria and ratione Legis Condition in the Definition of Investment: Global Trends and the Chinese Practice (G. Matteo Vaccaro-Incisa)
9. The ASEAN Comprehensive Investment Agreement Approach to Due Process: Does Arbitral Case Law Matter? (Fulvio Maria Palombino and Giovanni Zarra)
10. The Role of Non-disputing Contracting Party’s Expression of Intention in Investment Arbitration: Observation on the PRC Letters in the Saga of Sanum v. Laos (Tianshu Zhang)
The growing integration of the world economy and resulting increases in cross-border economic exchanges has been accompanied by the rapid growth of law and regulation governing these interactions. This series presents cutting-edge research in international economic law, offering fresh perspectives on what is a fast developing field.
The series surveys the key areas of international economic law: international trade law; international investment law; international financial regulation and monetary law; and related aspects of intellectual property law. Linkages with other international legal regimes are explored such as environmental law, human rights, and public health, highlighting areas where tensions may occur between economic liberalisation, sovereignty and other concerns. Books will investigate the theory, policy and practice of international economic law from a broad range of approaches allowing for innovative and scholarly assessments of the international economic legal order.