chapter  3
15 Pages

A passive player in international investment law: typically Japanese?


Considering the size of the Jap an ese eco nomy and the place that it occupies in world trade, one may wonder why there has been no case brought to arbi­ tration by a Jap an ese investor or against the Jap an ese Government on the basis of a bi lat eral investment treaty (BIT). This chapter1 succinctly reviews the passive attitude of the Jap an ese gov ern ment as well as of Jap an ese inves­ tors towards inter na tional investment law and tries to determine its causes. It examines the small number of Japan’s BITs and Free Trade Agreement (FTA) investment chapters (Section 3.2), the extreme flex ib il ity in the draft­ ing of their core pro vi sions (Section 3.3), and the absence of cases brought to arbit ra tion by Jap an ese investors (Section 3.4).