The Regionalisation of Laws and Policy on Foreign Investment
- Elgar International Investment Law series
ACIA provides NT and MFN treatment to investors and covered investments within the ambit of ACIA. This means that in general ASEAN Investors and their investments are not to be discriminated against in any of the AMS where they invest. At the same time, ACIA allows investors to select senior management irrespective of any nationality, allowing investors to seek the best talents in the field and work with people they can trust. ACIA also ensures that AMS do not impose performance requirements which may put investors and their investment at a disadvantage to local investors or other third country investors. The national treatment obligation is a key treaty provision aimed at preventing discrimination among investors. Only treaties can provide such a guarantee. The Asian Agricultural Products v. Sri Lanka Dissenting Opinion of Samuel K.B. Asante, citing various publicists, noted that national treatment does not derive from customary law. The discrimination can generally take many different forms under public international law; in the context of the treatment of foreign investments, however, discrimination on the basis of nationality is a very frequent problem.
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