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.
"The overriding strength of this book lies in its exploratory and problem-solving focus. The contributing editors and authors well appreciate the divergent attitudes and practices towards investment law and practice in Asia. They are all experts in their fields. This book is a valuable tool for academics, students and practitioners engaged in Asian international investment law and practice. It provides incisive guidance to potential investors in Asia, suggesting whether, when and how they might invest in particular Asian countries, what kinds of support or resistance they may encounter and how they might plan their cross-border investments in light of that support or resistance. Viewed holistically, they provide a remarkably articulate assessment of divergent socioeconomic, political and cultural reasons for that divergence among Asian countries, including their impact upon FDI and ISA in particular."
- LEON TRAKMAN, Professor of Law, University of New South Wales, Australia,
Preface, Akira Kawamura
1. Foreign Investment and Dispute Resolution Law and Practice in Asia: An Overview, Vivienne Bath and Luke Nottage
2. Investment Arbitration in Asia: Five Perspectives on Law and Practice, Luke Nottage and J. Romesh Weeramantry
3. A Passive Player in International Investment Law: Typically Japanese?, Shotaro Hamamoto
4. The Quandary for Chinese Regulators: Controlling the Flow of Investment into and out of China, Vivienne Bath
5. China’s Investment Treaties: A Procedural Perspective, Nils Eliasson
6. Foreign Investment in Indonesia: The Problem of Legal Uncertainty, Simon Butt
7. The Japan-Indonesia Economic Partnership Agreement:
An Energy Security Perspective, Sita Sitaresmi
8. Foreign Investment Laws and the Role of FDI in Malaysia’s ‘New’ Economic Model, Salim Farrar
9. Treaty Definitions of ‘Investment’ and the Role of Economic Development: A Critical Analysis of the Malaysian Historical Salvors Cases, Govert Coppens
10. The ‘Object and Purpose’ of Indian Investment Agreements: Failing to Balance Investment Protection and Regulatory Power, Prabhash Ranjan
11. The Evolution of Korea’s Investment Treaties and Investor-State Dispute Settlement Provisions, Joongi Kim
12. Legal Issues in Vietnam's FDI Law: Protections under Domestic Law, Bilateral Investment Treaties and Sovereign Guarantees, Hop Dang
13. Review of Asian Views on Foreign Investment Law, Muthucumaraswamy Sornarajah
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.