ABSTRACT
This chapter analyses the new generation of international investment agreements (IIAs) to determine whether some of their provisions could be adopted into the regional comprehensive economic partnership's (RCEP) investment chapter in an effort to create a modern and consolidated investment protection regime among the member states of the Association of Southeast Asian Nations. These are the six dialogue partners — Australia, China, India, Japan, the Republic of Korea and New Zealand. The chapter considers investor-state dispute settlement (ISDS) specifically refers to investor-state arbitration, which has been scrutinised by many countries; some have even decided to exclude ISDS altogether. It analyses the different investment protection provisions of the various IIAs of the Member States and the newer IIAs and recommend how the RCEP negotiators should approach these provisions. The chapter discusses several provisions that have evolved from older IIAs, including admission provisions and provisions on relationships with other chapters or agreements.
