The Asian Turn in Foreign Investment

This collection critically discusses the increasing significance of Asian States in the field of international investment law and policy. Consisting of contributions authored by a leading team of scholars and practitioners of international investment law, this volume contains analyses of both national and multilateral investment law rule-making in Asia, including a critical discussion of certain States' approaches to balancing the different tension between investment protection and the preservation of States' regulatory sovereignty. It also contains thematic chapters on cutting-edge developments which are of relevance to Asia as well as the global community, such as investors' obligations of due diligence, additional transparency in treaty-based investment arbitration responses by ASEAN member States to transboundary haze pollution, and the relevance of human rights obligations in international investment law. It also contemplates future possibilities for investor-State dispute settlement, including the use of investor-State mediation in view of the Singapore Convention on Mediation.

Part I. Introduction: 1. The Asian Turn in Foreign Investment Mahdev Mohan and Chester Brown; Part II. National Approaches within Asia to the Regulation and Protection of Foreign Investment: 2. Investment Agreements and Dispute Settlement In Singapore: Setting Standards Mahdev Mohan; 3. Pharmaceutical Patents and Expropriation in Indian Bilateral Investment Treaties Prabhash Ranjan; 4. Out with the Old, in with the New: Unpacking Myanmar's Consolidated Investment Law Ei Ei Aung, Mahdev Mohan and Aziah Hussin; 5. China and the Investment Treaty Regime: Rule Taker or Rule Maker? Sheng Zhang; 6. Procedural Models to Upgrade Bits: China's Experience Jeanne Huang; Part III. The Re-Balancing of Regulatory Space and Investor Protection in Asia: 7. Regulatory Power and Investors' Interests: Striking a Balance in Investment Treaties Concluded by Japan Shotaro Hamamoto; 8. Investment Agreements and Regulatory Space In Indonesia Antony Crockett; 9. Regulation of Foreign Investments in India: Analysing India's 2015 Model Bit Shreyas Jayasimha and Abhimanyu George Jain; 10. The Regulation of Foreign Investments in Sri Lanka: a Policy-Based Perspective Naazima Kamardeen and Dinusha Panditaratne; Part IV. Multilateral Rule-Making in Asia on Trade and Investment: From ASEAN to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership: 11. The ASEAN Legal Framework for Free Trade and the Promotion and Protection of Foreign Investment Chester Brown and Henry Winter; 12. ISDS Reform and the Eu–Vietnam Investment Protection Agreement: Challenge Accepted! Nguyen Manh Dzung and Dang Vu Minh Ha; 13. Investment Rule-Making In Asia-European Union Relations: Legal and Policy Considerations Julien Chaisse and Xu Qian; 14. Reports of TPP's Death Have Been Greatly Exaggerated C. L. Lim; Part V. Emerging Issues: 15. The Due Diligence Expansion In International Investment Arbitration Aloysius Llamzon and Jessica Beess Und Chrostin; 16. Combating Haze Pollution through the Enforcement of Investment Treaties and Human Rights Robert Mccorquodale and Mark Mangan; 17. Transparency in Investor-State Arbitration: Where Does Asia Stand? N. Jansen Calamita and Ewa Zelazna; 18. Third Party Funding in Asia: Developments in Singapore and Hong Kong Ingrid Coinquet and Siraj Shaik Aziz; 19. Settling Investment Disputes through Mediation: Possibilities and Limitations Jaemin Lee; 20. The Singapore Convention on Mediation: Origins and Application to Investor-State Disputes Nadja Alexander and Shouyu Chong; Part VI. What Lies Ahead?: 21. Reconciling Public Interests with Private Interests in International Investment Arbitration and Securing Effective Remedy for Investment-Related Human Rights Violations Surya Subedi; 22. Rebalancing Investment Treaties and Investor-State Arbitration in the Asian Region Luke Nottage.

Mahdev Mohan is the Global Lead for new internet users and emerging markets product policy at Google LLC, and was formerly a faculty member at the Singapore Management University (SMU) School of Law where he taught public international law and directed SMU's Asian Business and Rule of Law initiative. A former Nominated Member of Parliament of Singapore, he is the Executive Director of the Society of International Law Singapore, an editorial board member of the Journal of East Asia and International Law and China and WTO Review, and has written and practised in the fields of public international law, investment arbitration and human rights law in Asia. Mahdev is an Associate Tenant of Temple Garden Chambers within its public international law practice group.
Chester Brown is Professor of International Law and International Arbitration at the University of Sydney Law School; a Barrister at 7 Wentworth Selbourne Chambers, Sydney, and an Overseas Member of Essex Court Chambers, London. He teaches and researches in the fields of public international law, international dispute settlement, international investment law, and international commercial arbitration. He also maintains a practice in these fields, and has been involved as counsel in proceedings before the International Court of Justice, the Iran-United States Claims Tribunal, inter-State and investor-State arbitral tribunals, as well as in inter-State conciliation proceedings and international commercial arbitrations.