ABSTRACT

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.

chapter 1|9 pages

Introduction

ByJunji Nakagawa

chapter 3|24 pages

Investment dispute-settlement trends between Far-East and Ibero-America

ByAlejandro García Jiménez

chapter 4|29 pages

Defending the undefendable

Asia’s sovereignist battles against easy access to investment treaty arbitration
ByRelja Radović

chapter 5|31 pages

Will Asia breathe life into a Multilateral Investment Court?

Thoughts on the feasibility and design of a new, stand-alone court
ByCéline Lévesque

chapter 6|32 pages

Rethinking the role of labour provisions under Asian international investment regime

A possible linkage with FTAAP?
ByZheng Lizhen

chapter 7|20 pages

In the habit of giants

Fair and equitable treatment and structural risk factors in conglomerate-led newly industrialized countries
BySoo-Hyun Lee

chapter 8|25 pages

Objective criteria and ratione legis condition in the definition of investment

Global trends and the Chinese practice
ByG. Matteo Vaccaro-Incisa

chapter 9|18 pages

The ASEAN comprehensive investment agreement approach to due process

Does arbitral case law matter?
ByFulvio Maria Palombino, Giovanni Zarra

chapter 10|23 pages

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
ByTianshu Zhang