Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-wg55d Total loading time: 0 Render date: 2024-06-08T05:45:22.773Z Has data issue: false hasContentIssue false

Chapter 4 - Positioning of the ASEAN Investment Regime

Published online by Cambridge University Press:  10 November 2022

Sungjoon Cho
Affiliation:
Chicago-Kent College of Law
Jürgen Kurtz
Affiliation:
European University Institute, Florence
Get access

Summary

Chapter 4 builds upon the legalization assessment by focusing on the latest (and current) iteration of the AIR: the 2009 ASEAN Comprehensive Investment Agreement (ACIA). What is distinct about the ASEAN investment project – and potentially transformative – is the evolution in objectives surrounding the role of treaty disciplines. By the time of the ACIA, those treaty constraints would no longer be used as part of a simple BIT-style project of delivering investment protection with the hope that this would somehow translate into greater flows of foreign investment. Instead, the ASEAN members now seek to strategically position their region as an integrated production base for foreign investment, thereby leveraging one of the fastest and most dynamic aspects of the global economy. Yet, clearly, the AIR continues to exhibit a low degree of legalization measured against conventional benchmark indicators. Chapter 4 seeks to contextualize and explain this low degree of legalization through both the ASEAN Way and negative social learning. The adaptation and reimagination embedded into the AIR calls into question universalist assumptions underpinning the concept of legalization and highlights the idiographic nature of legalization from a comparative law perspective. We argue instead that delegalization can be an independent and entirely legitimate mode of legalization.

Type
Chapter
Information
Investing the ASEAN Way
Theories and Practices of Economic Integration in Southeast Asia
, pp. 116 - 156
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×