The ASEAN Comprehensive Investment Agreement
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The ASEAN Comprehensive Investment Agreement

The Regionalisation of Laws and Policy on Foreign Investment

  • Elgar International Investment Law series

Julien Chaisse and Sufian Jusoh

The International Investment regime is one of the fastest growing areas of international economic law which increasingly rely on large membership investment treaties such as the ASEAN comprehensive Investment Agreement. This book comprehensively examines the role of this specific agreement and situates it in the wider trend towards the regionalisation of laws and policy on foreign investment.
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Chapter 8: Scope of the agreement: The investment and the investor

Julien Chaisse and Sufian Jusoh

Extract

The ambit of the application of investment agreements is determined by four main factors: its geographical scope; its temporal application; the subject matter of the agreement and the persons covered by the agreement. Simply put, the scope of application of an investment agreement can be determined by answering four questions: 1. Where must the investment be made?; 2. When must it be made?; 3. By whom? And importantly; 4. which types of investments are covered? The provisions concerning the scope of the agreement are of key importance, since they delimit the cases where the agreement will apply or fail to apply. In particular, the definitions of ‘investor’ and ‘investment’ determine the subject matter of the agreement. Countries may choose to provide ample coverage and permit the broadest group of investors to benefit from the agreement, or they may restrict it to certain qualified investors.

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