Book contents
- The Asian Turn in Foreign Investment
- The Asian Turn in Foreign Investment
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Acknowledgements
- Table of Cases
- Table of Treaties
- Abbreviations
- Part I Introduction
- Part II National Approaches within Asia to the Regulation and Protection of Foreign Investment
- Part III The Rebalancing of Regulatory Space and Investor Protection in Asia
- 7 Regulatory Power and Investors’ Interests
- 8 Investment Agreements and Regulatory Space in Indonesia
- 9 Regulation of Foreign Investments in India
- 10 The Regulation of Foreign Investments in Sri Lanka
- Part IV Multilateral Rule-Making in Asia on Trade and Investment: From ASEAN to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership
- Part V Emerging Issues
- Part VI What Lies Ahead?
- Index
8 - Investment Agreements and Regulatory Space in Indonesia
from Part III - The Rebalancing of Regulatory Space and Investor Protection in Asia
Published online by Cambridge University Press: 13 August 2021
- The Asian Turn in Foreign Investment
- The Asian Turn in Foreign Investment
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Acknowledgements
- Table of Cases
- Table of Treaties
- Abbreviations
- Part I Introduction
- Part II National Approaches within Asia to the Regulation and Protection of Foreign Investment
- Part III The Rebalancing of Regulatory Space and Investor Protection in Asia
- 7 Regulatory Power and Investors’ Interests
- 8 Investment Agreements and Regulatory Space in Indonesia
- 9 Regulation of Foreign Investments in India
- 10 The Regulation of Foreign Investments in Sri Lanka
- Part IV Multilateral Rule-Making in Asia on Trade and Investment: From ASEAN to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership
- Part V Emerging Issues
- Part VI What Lies Ahead?
- Index
Summary
This chapter considers how Indonesia's policies in relation to investment treaty drafting have changed over time and the extent to which these changes may have been driven by concerns to protect regulatory space.Despite having signed a relatively large number of treaties relative to other Asian States and being an important destination for foreign direct investment, Indonesia has faced few claims and has never been ordered to compensate an investor for violations of an investment treaty.It is also observed that the volume of laws and regulations on the books in Indonesia has increased dramatically since the beginning of the new millennium, with little evidence that the threat of investment treaty claims has affected the extraordinary growth of legislation and regulation comprising Indonesia's "legal jungle".Indonesia has nevertheless sought to modernise its investment treaties, including to add provisions clarifying or limiting the scope of the fair and equitable treatment standard and the circumstances in which a regulatory measure may amount to indirect expropriation.The chapter also briefly considers what Indonesia's treaty practice reveals about its position in relation to reform of Investor-State Dispute Settlement, including its efforts to promote the use of conciliation.
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- The Asian Turn in Foreign Investment , pp. 118 - 135Publisher: Cambridge University PressPrint publication year: 2021