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.
This book offers scholars, practitioners, and policymakers a new way of understanding and evaluating the creation of rules on foreign investment in ASEAN. It goes beyond legal text and uses sociological theories to trace the development of a regime on foreign investment within ASEAN.
Arvustused
'Authored by two distinguished trade law scholars, Sungjoon Cho and Jürgen Kurtz, the book provides the most updated and comprehensive analysis of ASEAN's investment regime. This timely contribution not only enriches the debate over the theoretical concepts of legalization, but also buttresses the empirical investigation of South-based regionalism. Undoubtedly the book will be of great use to scholars and practitioners in the fields of international economic law and international relations.' Pasha L. Hsieh, Jean Monnet Chair and Professor of Law, Singapore Management University 'This book insightfully sketches out the evolution of the ASEAN investment regime, highlighting its distinctive features (such as a low level of legalization) and exploring some historical, cultural and political factors that shed light on this important regional regime. The volume presents a perceptive and thick analysis informed by international relations and economic theories.' Moshe Hirsch, Professor of Law, Von Hofmannsthal Professor of Law, Hebrew University of Jerusalem 'Recommended.' M. J. Frost, Choice
Muu info
Using a sociology-led approach, this book explores regional law and governance in ASEAN through its regulation of foreign investment.
Introduction;
1. The foundation of the ASEAN investment regime;
2. Tracing influences on the ASEAN investment regime;
3. Positioning of the ASEAN investment regime;
4. Synthesis; Conclusion.
Sungjoon Cho is a Professor of Law at Chicago-Kent College of Law, Illinois Technology. He is a member of arbitration panel roster under Chapter 14 (Dispute Settlement) of the KoreaEuropean Union Free Trade Agreement. He is the author of The Social Foundations of World Trade: Norms, Community, and Constitution (Cambridge, 2015; paperback in 2017). Jürgen Kurtz is a Professor of International Economic Law at the European University Institute. Jürgen is the author of The WTO and International Investment Law: Converging Systems (Cambridge, 2016) and co-editor of International Trade, Investment and the Sustainable Development Goals (Cambridge, 2020).
