Asia S Changing International Investment Regime
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Asia S Changing International Investment Regime
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Author : Julien Chaisse
language : en
Publisher: Springer
Release Date : 2017-10-24
Asia S Changing International Investment Regime written by Julien Chaisse and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-24 with Law categories.
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
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Author : Julien Chaisse
language : en
Publisher: BRILL
Release Date : 2018-02-05
International Investment Treaties And Arbitration Across Asia written by Julien Chaisse and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-05 with Law categories.
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 Investment And Investment Arbitration In Asia
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Author : Carlos Esplugues Mota
language : en
Publisher:
Release Date : 2019
Foreign Investment And Investment Arbitration In Asia written by Carlos Esplugues Mota and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Arbitration agreements, Commercial categories.
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.
Foreign Direct Investment And Sustainable Development In International Investment Governance
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Author : Economic and Social Commission for Asia and the Pacific
language : en
Publisher: United Nations
Release Date : 2020-03-11
Foreign Direct Investment And Sustainable Development In International Investment Governance written by Economic and Social Commission for Asia and the Pacific and has been published by United Nations this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-11 with Political Science categories.
Foreign direct investment (FDI) is a principal means of financing the 2030 Agenda for Sustainable Development and the corresponding 17 Sustainable Development Goals. FDIs 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.
Foreign Investment And Dispute Resolution Law And Practice In Asia
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Author : Vivienne Bath
language : en
Publisher: Routledge
Release Date : 2012-03-12
Foreign Investment And Dispute Resolution Law And Practice In Asia written by Vivienne Bath and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-12 with Law categories.
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 Asean Comprehensive Investment Agreement
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Author : Julien Chaisse
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-08-26
The Asean Comprehensive Investment Agreement written by Julien Chaisse and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-26 with Political Science categories.
The International Investment regime is one of the fastest growing areas of international economic law which increasingly rely on large membership investment treaties such as the ASEAN comprehensive Investment Agreement. This book comprehensively examines the role of this specific agreement and situates it in the wider trend towards the regionalisation of laws and policy on foreign investment.
Direct Foreign Investment In Asia S Developing Economies And Structural Change In The Asia Pacific Region
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Author : Eric D Ramstetter
language : en
Publisher: Routledge
Release Date : 2019-03-04
Direct Foreign Investment In Asia S Developing Economies And Structural Change In The Asia Pacific Region written by Eric D Ramstetter and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-04 with Political Science categories.
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.
Investing The Asean Way
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Author : Sungjoon Cho
language : en
Publisher: Cambridge University Press
Release Date : 2022-11-24
Investing The Asean Way written by Sungjoon Cho and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-24 with Law categories.
In recent decades, South East Asia has become one of the world's most popular destinations for foreign investment. The member states of the Association of Southeast Asian Nations (ASEAN) have employed varying modalities to pursue first security and then economic cooperation. This book explores regional law and governance in ASEAN through the lens of its regulation of foreign investment. It adopts a new framework to identify the unique ontological autonomy of the ASEAN Investment Regime beyond a simple aggregation of its individual member states. It deploys a sociology-led approach (especially constructivism) and emphasizes ideational factors (such as culture and norms) that guide state actions from within. The book explores the manner in which ASEAN's history and culture have fundamentally shaped its foreign investment policies, leading to outcomes that often depart fundamentally from the external structure and script of Global Investment Law.
China S Foreign Investment Legal Regime
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Author : Yuwen Li
language : en
Publisher: Routledge
Release Date : 2022-03-11
China S Foreign Investment Legal Regime written by Yuwen Li and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-11 with Business & Economics categories.
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.
Expansion Of Trade And Fdi In Asia
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Author : Julien Chaisse
language : en
Publisher:
Release Date : 2009
Expansion Of Trade And Fdi In Asia written by Julien Chaisse and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Political Science categories.
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.