Book contents
- Frontmatter
- Contents
- List of Cases
- List of Statutes
- List of Abbreviations and Short Names
- List of Contributors
- Introduction: The Changing Course of FDI and of Investment Arbitration
- PART I NATIONAL REPORTS
- Foreign Direct Investment and Investment Arbitration in China and Hong Kong
- Foreign Investment in India: The Unfolding Legal Story
- Indonesia, Foreign Investment and Investment Arbitration
- FDI and Investment Arbitration in Japan
- The Korean Foreign Investment Law and Investor-State Dispute Settlement
- Malaysia's Investor-State Dispute Settlement Experience: A Lesson Never Learned?
- Myanmar's Investor-State Dispute Settlement Experience and Investor Grievance Mechanism
- The Philippines: An Analysis of Investment Laws, Treaties and Dispute Resolution Mechanisms
- Singapore's Approach to ISDS Reform: ‘A Shift in Geography’ in Investment Law?
- Foreign Investment and Investment Arbitration: Thailand in Deluge
- Foreign Investment and Investment Arbitration in Vietnam
- PART II THE FUTURE OF INVESTMENT ARBITRATION IN THE WORLD AND ITS IMPACT IN ASIA
- Index
Myanmar's Investor-State Dispute Settlement Experience and Investor Grievance Mechanism
from PART I - NATIONAL REPORTS
Published online by Cambridge University Press: 30 March 2019
- Frontmatter
- Contents
- List of Cases
- List of Statutes
- List of Abbreviations and Short Names
- List of Contributors
- Introduction: The Changing Course of FDI and of Investment Arbitration
- PART I NATIONAL REPORTS
- Foreign Direct Investment and Investment Arbitration in China and Hong Kong
- Foreign Investment in India: The Unfolding Legal Story
- Indonesia, Foreign Investment and Investment Arbitration
- FDI and Investment Arbitration in Japan
- The Korean Foreign Investment Law and Investor-State Dispute Settlement
- Malaysia's Investor-State Dispute Settlement Experience: A Lesson Never Learned?
- Myanmar's Investor-State Dispute Settlement Experience and Investor Grievance Mechanism
- The Philippines: An Analysis of Investment Laws, Treaties and Dispute Resolution Mechanisms
- Singapore's Approach to ISDS Reform: ‘A Shift in Geography’ in Investment Law?
- Foreign Investment and Investment Arbitration: Thailand in Deluge
- Foreign Investment and Investment Arbitration in Vietnam
- PART II THE FUTURE OF INVESTMENT ARBITRATION IN THE WORLD AND ITS IMPACT IN ASIA
- Index
Summary
INTRODUCTION
The Republic of the Union of Myanmar or Myanmar lies in a very strategic location, between China to the northeast, India and Bangladesh to the west, southwest and northwest and Thailand and Lao PDR in the north, north east and southeast. This makes Myanmar an important economic destination as it is situated in one of the most economically dynamic and important regions in Southeast Asia. Myanmar's population is about 53.9 million people representing 135 ethnic groups, one of the most diverse ethnic groupings in the world. Myanmar is a member of the United Nations, the World Trade Organization (WTO) and the Association of the Southeast Asian Nations (ASEAN).
For 60 years Myanmar had been ruled by a military government and the transition into an elected civilian government took place in 2016. Towards the end of the semi-civilian government, Myanmar undertook further reform in its investment policy and law by initiating the process for a new comprehensive Myanmar Investment Law (MIL). The MIL was approved by Parliament after the new civilian took over in 2016.
One of the important elements of the MIL is the setting up of the investor grievance mechanism (IGM), which is an early conflict and dispute avoidance system. Myanmar seeks to avoid another case under the investor-state dispute settlement system (ISDS). Myanmar has had an experience in the ISDS through the case of Yaung Chi Oo Trading Pte Ltd v. The Government of the Union of Myanmar.
The chapter focuses on the reform of the Myanmar investment law framework which includes the creation of IGM both at the central and state and regional levels. The desire to avoid another ISDS case, which can be costly and time-consuming for an emerging economy like Myanmar, is a key element for setting up the IGM. The chapter will first discuss the investment climate in Myanmar. This is to provide an overview of the recent investment flow into the country. This is followed by a discussion of Myanmar's investment policy reform. This part discusses the reform of Myanmar's Foreign Investment Law (FIL) and Citizens Investment Law (CIL) into a single Myanmar Investment Law 2016 (MIL).
- Type
- Chapter
- Information
- Foreign Investment and Investment Arbitration in Asia , pp. 205 - 226Publisher: IntersentiaPrint publication year: 2019