Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-rcrh6 Total loading time: 0 Render date: 2024-11-29T00:24:57.408Z Has data issue: false hasContentIssue false

22 - Rebalancing Investment Treaties and Investor–State Arbitration in the Asian Region

from Part VI - What Lies Ahead?

Published online by Cambridge University Press:  13 August 2021

Mahdev Mohan
Affiliation:
Singapore Management University
Chester Brown
Affiliation:
University of Sydney
Get access

Summary

Asian economies are attempting to (re)balance their interests in fostering burgeoning outbound investment and attracting inbound investment, while preserving appropriate regulatory autonomy, while maintaining an attractive environment for foreign investors. To understand the issues and the likely future trajectory for international investment law in the region, this chapter first introduces Poulsen’s comprehensive recent study focusing on the experiences of developing countries world-wide, but including analyses of several Asian states (as outlined in Part 2 below). Despite marshalling powerful arguments and evidence for manifestations of ‘bounded rationality’ in BIT negotiations and drafting, some limits to his theory are suggested by a closer analysis of several countries in the region (Part 3). Given such historical experiences, it seems premature to abandon altogether the current treaty protection regime. Nonetheless, a combination of new approaches is worth considering under existing treaties, including more principled use of proportionality testing and deference to host state decision-making (Part 4.1). Greater care is also needed when assessing the net benefits from entering into new treaties, including the latest research into whether investor-state dispute settlement provisions lead to significantly greater cross-border investment (Part 4.2).

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×