Foreign Investment and Investment Arbitration in Asia最新文献

{"title":"Introduction: The Changing Course of FDI and of Investment Arbitration","authors":"C. Esplugues","doi":"10.1017/9781780688404.001","DOIUrl":"https://doi.org/10.1017/9781780688404.001","url":null,"abstract":"","PeriodicalId":296020,"journal":{"name":"Foreign Investment and Investment Arbitration in Asia","volume":"412 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126692524","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Towards a Permanent Investment Tribunal? From Regionalism to Multilateralism","authors":"José Luis Gómara","doi":"10.1017/9781780688404.014","DOIUrl":"https://doi.org/10.1017/9781780688404.014","url":null,"abstract":"","PeriodicalId":296020,"journal":{"name":"Foreign Investment and Investment Arbitration in Asia","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125347374","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"FDI and Investment Arbitration in Japan","authors":"Dai Yokomizo","doi":"10.1017/9781780688404.005","DOIUrl":"https://doi.org/10.1017/9781780688404.005","url":null,"abstract":"INTRODUCTION Since 1964 when Japan joined the Organisation for Economic Cooperation and Development (OECD) and accepted Article VIII of the Articles of Agreement of the International Monetary Fund, it has liberalised its regulatory regime for foreign investment in line with the OECD Code of Liberalisation of Capital Movements. By the amendment of the Foreign Exchange and Foreign Trade Control Law (No. 228 of 1949; FEFTL) in 1979, inbound Foreign Direct Investment (FDI) was liberalised in principle. Furthermore, the amendments of FEFTL in 1991 and 1997 liberalised inbound as well as outbound FDI substantially. As a result, Japan's current domestic law regulating foreign investment is considered to be similar to that found in other developed countries. Outbound FDI has been significant since the 1970s whereas inbound FDI jumped from the late 1990s. Japan ranked fourth in the world for outbound flows with about USD 145 billion, which represented 12.7 percent of Japan's gross fixed capital formation. Japan's outbound stock in 2016 was about USD 1,400 billion (ranking tenth in the world, 28.4 percent of its gross domestic product). In contrast, although inbound FDI has been increasing, inbound FDI flows in 2016 were about USD 11 billion, which represented 1.0 percent of Japan's gross fixed capital formation, and inbound FDI stock in 2016 was about USD 187 billion (ranking 25th in the world, 3.8 percent of its gross domestic product). Thus, Japan is a capital-exporting country with less inbound investment. The Japanese Government has supported outbound FDI by Japanese firms in various ways, including by public institutions such as the Japan External Trade Organisation (JETRO), the Japan Bank for International Cooperation (JBIC) and the Nippon Export and Investment Insurance (NEXI). As regards international norms, Japan is a member of the World Trade Organization (WTO). However, Japan was hesitant to conclude the International Investment Agreement (IIA) until 2002, when Japan signed and ratified the Japan – Singapore Economic Partnership Agreement (EPA). Before this EPA, Japan concluded only nine bilateral investment treaties (BITs).","PeriodicalId":296020,"journal":{"name":"Foreign Investment and Investment Arbitration in Asia","volume":"415 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124983228","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Korean Foreign Investment Law and Investor-State Dispute Settlement","authors":"Gyooho Lee","doi":"10.1017/9781780688404.006","DOIUrl":"https://doi.org/10.1017/9781780688404.006","url":null,"abstract":"","PeriodicalId":296020,"journal":{"name":"Foreign Investment and Investment Arbitration in Asia","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129146644","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Foreign Investment in India: The Unfolding Legal Story","authors":"Darius J. Khambata, Aditya Mehta","doi":"10.1017/9781780688404.003","DOIUrl":"https://doi.org/10.1017/9781780688404.003","url":null,"abstract":"","PeriodicalId":296020,"journal":{"name":"Foreign Investment and Investment Arbitration in Asia","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127632637","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Foreign Investment and Investment Arbitration in Vietnam","authors":"Christian Schaefer, R. Macleod, Luyen Vo","doi":"10.1017/9781780688404.012","DOIUrl":"https://doi.org/10.1017/9781780688404.012","url":null,"abstract":"","PeriodicalId":296020,"journal":{"name":"Foreign Investment and Investment Arbitration in Asia","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125183774","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Indonesia, Foreign Investment and Investment Arbitration","authors":"H. Adolf","doi":"10.1017/9781780688404.004","DOIUrl":"https://doi.org/10.1017/9781780688404.004","url":null,"abstract":"","PeriodicalId":296020,"journal":{"name":"Foreign Investment and Investment Arbitration in Asia","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128288453","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Myanmar's Investor-State Dispute Settlement Experience and Investor Grievance Mechanism","authors":"Sufian Jusoh","doi":"10.1017/9781780688404.008","DOIUrl":"https://doi.org/10.1017/9781780688404.008","url":null,"abstract":"","PeriodicalId":296020,"journal":{"name":"Foreign Investment and Investment Arbitration in Asia","volume":"484 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114493064","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Foreign Investment and Investment Arbitration: Thailand in Deluge","authors":"Suparb Vongkiatkachorn","doi":"10.1017/9781780688404.011","DOIUrl":"https://doi.org/10.1017/9781780688404.011","url":null,"abstract":"","PeriodicalId":296020,"journal":{"name":"Foreign Investment and Investment Arbitration in Asia","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126432853","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Malaysia's Investor-State Dispute Settlement Experience: A Lesson Never Learned?","authors":"Sufian Jusoh, Muhammad Faliq Abd Razak","doi":"10.1017/9781780688404.007","DOIUrl":"https://doi.org/10.1017/9781780688404.007","url":null,"abstract":"INTRODUCTION Malaysia is key member of the Association of Southeast Asian Nations (ASEAN), being one of the key signatories of the Bangkok Declaration in 1976. Malaysia is the only federal country within ASEAN. The country is located in the middle of Southeast Asia, with land borders with Thailand (in the Peninsula Malaysia), Brunei and Indonesia (in Borneo), connected with a bridge and a causeway with Singapore and with sea borders with Singapore, Indonesia, Thailand and the Philippines. Malaysia has a total population of about 31,187,265 and is an uppermiddle income country with an estimated GDP per capita of USD 9,502. and the total GDP of USD 296.359 billion for the year 2016. In 2017, Malaysia's economy is expected to grow at the rate of more than 4.8 percent. Despite the earlier setback to its economic development caused by the Asian Financial Crisis in the late 1990s, Malaysia continues to attract foreign direct investment (FDI) and also invests abroad through Outward Direct Investment (ODI). Malaysia's ODI flows first exceeded inbound FDI flows in 2005 (USD 6.24 million FDI compared to USD 6.8 million ODI), although this trend changed at the end of 2017 when FDI in flows of USD 9.9 million exceeded ODI flows of 5.6 million. According to the World Bank, Malaysia could attract more vertical FDI due to its current commitments and involvement in higher-quality free trade agreements (FTAs), such as the Trans-Pacific Partnership (TPP), which has become the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) with the exclusion of the United States, and the Regional Comprehensive Economic Partnership Agreement (RCEP), which is still being negotiated between the parties. Malaysia relies heavily on trade, with a total of 2016 trade as a percentage of GDP at about 128.1 percent, as is in the case with many ASEAN countries such as Cambodia (127 percent), Singapore (318.4 percent), Thailand (123.1 percent) and Vietnam (184.7 percent). 4 As trade and investment are linked, having a dependable trade and investment regime is key to sustainable economic development in Malaysia.","PeriodicalId":296020,"journal":{"name":"Foreign Investment and Investment Arbitration in Asia","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121332920","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}