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ASEAN and the Reform of Investor-State Dispute Settlement
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ASEAN and the Reform of Investor-State Dispute Settlement

Global Challenges and Regional Options

9781802208245 Edward Elgar Publishing
N. Jansen Calamita, Head of Investment Law and Policy, Centre for International Law and Research Associate Professor (CIL), Faculty of Law, National University of Singapore and Charalampos Giannakopoulos, Research Fellow, Centre for International Law, National University of Singapore
Publication Date: 2022 ISBN: 978 1 80220 824 5 Extent: 296 pp
The reform of Investor-State Dispute Settlement (ISDS) is a subject of ongoing debate in international institutions, yet an ASEAN perspective on the subject has been largely absent to date. This book addresses that gap by presenting, analysing and assessing ISDS reform from an ASEAN perspective, taking into account the experience, needs and concerns of ASEAN as a community and of its member states.

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The reform of Investor-State Dispute Settlement (ISDS) is a subject of ongoing debate in international institutions, yet an ASEAN perspective on the subject has been largely absent to date. This book addresses that gap by presenting, analysing and assessing ISDS reform from an ASEAN perspective, taking into account the experience, needs and concerns of ASEAN as a community and of its member states.

The book provides a consolidated summary of the range of ISDS reform proposals that have been put forward internationally, alongside a systematic overview of the ISDS provisions of over 300 international investment agreements concluded by ASEAN and its member states. Combining this information, the authors critically analyse the content, structure and modalities of reform proposals from an ASEAN standpoint, including their ability to address reform concerns particular to ASEAN member states. Chapters explore a wide range of topics, covering the rationale, modalities and concerns involved in ISDS reform.

The book will be of interest to academics and graduate students in the fields of international investment law and ASEAN law and policy. It will also be of relevance to policy-makers in ASEAN, and more broadly, to practitioners and arbitrators who are interested in ISDS reform.
Contents
Contents: Introduction 1. Investment treaty-making by ASEAN and its Member States 2. Characteristics of the international regime of investor-state
dispute settlement 3. The ASEAN experience with investor-state dispute settlement 4. The move towards investor-state dispute settlement reform: an overview of options for ASEAN Member States 5. Proposed structural reform options: content and modalities for ASEAN 6. The possibility of structural regional reform: conceptualising a regional ASEAN Investment Tribunal 7. General conclusion Bibliography Index
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