The ASEAN Comprehensive Investment Agreement: Realizing a Regional Community
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Zewei Zhong
Abstract
In recent decades, States have concluded numerous regional investment treaties, even as the feverish growth in bilateral investment treaties worldwide continues apace. This increasing regionalism within international investment law is a double-edged phenomenon. On the one hand, the risks of fragmentation and incoherence increase exponentially as a regional layer is added to the already-messy “spaghetti bowl” of investment treaties. The noble dream of a uniform, multilateralized set of investment-protection standards thus looks ever more unattainable. On the other hand, a regional investment treaty affords an opportunity for a group of States to balance, in a particularistic manner, between investment-related obligations and other non-investment priorities. This essay focuses on the ASEAN Comprehensive Investment Agreement signed in 2009, arguing that it is a region-specific bargain embedded within ASEAN’s wider normative and institutional framework. The potential conflicts between ASEAN Member States’ investment-related obligations and their commitments under two other regional projects are explored, and recommendations are made as to how arbitral tribunals can manage such conflicts.
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
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Artikel in diesem Heft
- Article
- Reconceptualising the Relationship between the Mainland Chinese Legal System and the Hong Kong Legal System
- The Relationship between Mediation and Judicial Proceedings in China
- Averting Diversity: A Review of Nominations and Appointments to the Philippine Supreme Court (1988-2008)
- The ASEAN Comprehensive Investment Agreement: Realizing a Regional Community
- The Enigma of Enforceability of Investment Treaty Arbitration Awards in India
- A Multilateral Tax Treaty for ASEAN -- Lessons from the Andean, Caribbean, Nordic and South Asian Nations
- Revisiting the Role of the President during Caretaker Government in Ensuring Credible Free Elections in Bangladesh
- Reform of Charity Law in Hong Kong and Australia: What Lessons Can Be Learned from the United Kingdom?
- Book Review
- Review of The Handbook of Comparative Criminal Law
- Review of The Constitutional Law of Indonesia: A Comprehensive Overview
- Review of Law and Legal Institutions of Asia: Traditions, Adaptations and Innovations
