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Author: Sungjoon Cho Publisher: ISBN: Category : Languages : en Pages : 51
Book Description
This article explores the legalization characteristics of the investment rules of the Association of South-East Asian Nations (ASEAN). Measured against orthodox and external benchmarks, ASEAN's investment regime is relatively limited. We make the following two arguments in this article. First, we argue that while ASEAN members have subscribed to global norms in their own collective investment rules, they have done so in an intentionally selective manner shaped fundamentally by key contextual dynamics. These encompass a complex combination of ASEAN members' unique deliberation modality (the “ASEAN Way”) informed by their shared historical experience coupled with negative social learning. Using those insights, we suggest that is both possible and desirable to understand the ASEAN approach as an independent and legitimate form of legalization, rather than as a failed or flawed model. Second and relatedly, we argue that the idiographic nature of legalization in ASEAN compels us to rethink the conventional universal (nomothetic) approach to legalization and embrace a more nuanced conception.
Author: Sungjoon Cho Publisher: ISBN: Category : Languages : en Pages : 51
Book Description
This article explores the legalization characteristics of the investment rules of the Association of South-East Asian Nations (ASEAN). Measured against orthodox and external benchmarks, ASEAN's investment regime is relatively limited. We make the following two arguments in this article. First, we argue that while ASEAN members have subscribed to global norms in their own collective investment rules, they have done so in an intentionally selective manner shaped fundamentally by key contextual dynamics. These encompass a complex combination of ASEAN members' unique deliberation modality (the “ASEAN Way”) informed by their shared historical experience coupled with negative social learning. Using those insights, we suggest that is both possible and desirable to understand the ASEAN approach as an independent and legitimate form of legalization, rather than as a failed or flawed model. Second and relatedly, we argue that the idiographic nature of legalization in ASEAN compels us to rethink the conventional universal (nomothetic) approach to legalization and embrace a more nuanced conception.
Author: Sungjoon Cho Publisher: Cambridge University Press ISBN: 1009223364 Category : Business & Economics Languages : en Pages : 319
Book Description
In recent decades, South East Asia has become one of the world's most popular destinations for foreign investment. The member states of the Association of Southeast Asian Nations (ASEAN) have employed varying modalities to pursue first security and then economic cooperation. This book explores regional law and governance in ASEAN through the lens of its regulation of foreign investment. It adopts a new framework to identify the unique ontological autonomy of the ASEAN Investment Regime beyond a simple aggregation of its individual member states. It deploys a sociology-led approach (especially constructivism) and emphasizes ideational factors (such as culture and norms) that guide state actions from within. The book explores the manner in which ASEAN's history and culture have fundamentally shaped its foreign investment policies, leading to outcomes that often depart fundamentally from the external structure and script of Global Investment Law.
Author: Elizabeth Siew-Kuan Ng Publisher: Cambridge University Press ISBN: 1316739104 Category : Law Languages : en Pages : 353
Book Description
The Association of Southeast Asian Nations (ASEAN) is actively seeking ways for member countries to enhance their individual economic development within the context of overall regional advancement. Central to this is the creation of a regional intellectual property framework. This book examines the efforts to move beyond sovereign protections of intellectual property rights and establish meaningful inter-state cooperation on intellectual property issues. Rather than aim for IP harmonization, ASEAN recognizes its internal diversity and pursues an agenda of 'IP Interoperability'. The essays in this collection examine the unique dynamics of 'interoperability', analyzing the administration of intellectual property in a part of the world that is of increasing importance. The book enables the reader to compare and contrast the ASEAN model to other approaches in regional cooperation, such as Europe and Latin America, and also explores private international law as a potential vehicle for interoperability.
Author: Alice D. Ba Publisher: Stanford University Press ISBN: 080477630X Category : Political Science Languages : en Pages : 344
Book Description
This book seeks to explain two core paradoxes associated with the Association of Southeast Asian Nations (ASEAN): How have diverse states hung together and stabilized relations in the face of competing interests, divergent preferences, and arguably weak cooperation? How has a group of lesser, self-identified Southeast Asian powers gone beyond its original regional purview to shape the form and content of Asian Pacific and East Asian regionalisms? According to Alice Ba, the answers lie in ASEAN's founding arguments: arguments that were premised on an assumed regional disunity. She demonstrates how these arguments draw critical causal connections that make Southeast Asian regionalism a necessary response to problems, give rise to its defining informality and consensus-seeking process, and also constrain ASEAN's regionalism. Tracing debates about ASEAN's intra- and extra-regional relations over four decades, she argues for a process-driven view of cooperation, sheds light on intervening processes of argument and debate, and highlights interacting material, ideational, and social forces in the construction of regions and regionalisms.
Author: Publisher: BRILL ISBN: 9004443290 Category : Law Languages : en Pages : 464
Book Description
Volume 37 of the Chinese (Taiwan) Yearbook of International Law and Affairs publishes scholarly articles and essays on international and transnational law, as well as compiles official documents on the state practice of the Republic of China (ROC) in 2019.
Author: Calamita, Nicolas J. Publisher: Edward Elgar Publishing ISBN: 1802208259 Category : Law Languages : en Pages : 304
Book Description
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.
Author: Junji Nakagawa Publisher: Routledge ISBN: 0429825854 Category : Business & Economics Languages : en Pages : 240
Book Description
With changes to the international investment law landscape and Asian countries now actively developing their network of bilateral investment treaties (BITs) and free trade agreements (FTAs), this volume studies issues relating to Asian perspectives on international investment law and forecasts the future of Asian contribution to its science and practice. The book discusses the major factors that have been driving Asian countries to new directions in international investment rule-making and dispute settlement. It also looks at whether Asian countries are crafting a new model of international investment law to reflect their specific socio-cultural values. Finally, the book examines whether there are any ‘Asian’ styles of international investment rule-making and dispute settlement, or if individual Asian countries are seeking specific national ‘models’ based on economic structure and geopolitical interests. This unique collection is exceptionally useful to students, scholars and practitioners of international investment law, international trade law and public international law.
Author: Manjiao Chi Publisher: Springer Nature ISBN: 3030934756 Category : Law Languages : en Pages : 212
Book Description
The Asian Yearbook of International Economic Law (AYIEL) 2022 addresses the rapidly evolving field of international economic law with a special focus on Asia and the Pacific. This region has long been and remains a major engine of the world economy; at the same time, it is characterized by a host of economies with varying developmental levels, economic policies and legal jurisdictions. The AYIEL 2022 especially focuses on trade law, investment law, competition law, dispute settlement, economic regulation and cooperation, and regional economic integration, as well as other legal developments in Asian countries.
Author: Sungjoon Cho
Author: Sungjoon Cho
Author: Sungjoon Cho
Author: Elizabeth Siew-Kuan Ng
Author: Alice D. Ba
Author: Pasha L. Hsieh
Author: 
Author: Hitoshi Nasu
Author: Calamita, Nicolas J.
Author: Junji Nakagawa
Author: Manjiao Chi