New Asian Regionalism in International Economic Law

Hsieh, Pasha L.

doi:10.1017/9781108980210

Cited by 6 publications

(1 citation statement)

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“…Instead, the new ASEAN way has signified its hard-law obligations with structured flexibility. 84 The ASEAN Comprehensive Investment Agreement (ACIA) is the key instrument for investment liberalization and protection under the AEC Blueprint 2025. During the Third Regionalism, ASEAN's FDI inflows have soared more than six-fold and the value of FDIs constitute 21% of FDI stock in developing countries.…”

Section: Changing Asean Waymentioning

confidence: 99%

New Investment Rulemaking in Asia: Between Regionalism and Domestication

Hsieh

2023

World Trade Review

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The article analyses investment rulemaking in new Asian regionalism in the context of evolving national legislation and regional trade strategies. It argues that the Association of Southeast Asian Nations (ASEAN) and the Regional Comprehensive Economic Partnership (RCEP) represent Asia's pragmatic incrementalism in reforming the investment regime. The process reinforces the relationship between international economic law and domestic investment laws. In tandem with transforming international investment agreements, ASEAN expedited investment and services trade, and established the modern investor–state dispute settlement (ISDS) mechanism. The RCEP further buttresses the ASEAN centrality in regional frameworks by consolidating ASEAN Plus One agreements. Yet, the RCEP's omission of ISDS reflects a distinct approach that may confront challenges to state-to-state proceedings and treaty shopping under overlapping pacts. Finally, the research sheds light on Asian countries' recent investment agreements and domestic dispute settlement that complement the liberal international order. These developments provide valuable models for developing countries and contribute to the understanding of global investment reforms from an Asian perspective.

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Section: Changing Asean Waymentioning

confidence: 99%

New Investment Rulemaking in Asia: Between Regionalism and Domestication

Hsieh

2023

World Trade Review

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The Ability of the EU to Extend Its Model of a Social Market Economy Beyond Its Borders

Hallström

2024

The Borders of the European Union in a Conflictual World

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The illusion of firm borders and the ability of the European Union (EU), by actions or by its example, to convey its ideology to external actors is the issue of this chapter. At a time when the EU is confronted with the extreme expression of imperialistic political power in the form of the Russian military aggression towards the EU’s associate partner, Ukraine, the EU ideology of rule of law, democracy and social market economy is simultaneously challenged by the new pluralism of international relations, where the nondemocratic countries increasingly outnumber those sharing the EU qualities. The influence that the EU still exercises is analysed from seven points of view, stretching from theories of international relations and comparative law to the legal constraints of selling in the common market, a source of inspiration for establishing common markets in other parts of the world, being the hub of an extensive array of EU international trade agreements and an active member of the WTO. Finally, an alternative architecture of international relations, where China has an important role, is examined.

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Bribery and Other Serious Investor Misconduct in Asian International Arbitration

Teramura,

Nottage,

Jetin

2024

Asia in Transition

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Bribery and other serious illegal behaviour by foreign investors face wide condemnation in any society. Yet there remains a lack of consensus on the consequences of corruption and illegality affecting international investment, and especially in investment arbitration—a transnational procedure to resolve disputes between a foreign investor and a host state. A core issue is whether a foreign investor violating a host state's law should be awarded protection of its investment, as per its contract with the host state and/or the applicable investment or trade agreement between the home state and the host state. Some suggest such protection would be unnecessary, as the investor committed a crime in the host state, while others attempt to establish an equilibrium between the investor and the host state. Some others claim to protect investment, invoking the sanctity of promises made. This book explores Asian approaches towards the issue, setting it in the wider political economy and domestic law contexts. It also considers the extent to which significant states in Asia are or could become ‘rule makers’ rather than ‘rule takers’ regarding corruption and serious illegality in investor–state arbitration.

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New Asian Regionalism in International Economic Law

Cited by 6 publications

References 0 publications

New Investment Rulemaking in Asia: Between Regionalism and Domestication

New Investment Rulemaking in Asia: Between Regionalism and Domestication

The Ability of the EU to Extend Its Model of a Social Market Economy Beyond Its Borders

Bribery and Other Serious Investor Misconduct in Asian International Arbitration

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