The Regionalisation of Laws and Policy on Foreign Investment
ASEAN has developed friendly relations and mutually beneficial dialogues and relationships with several countries and regional groupings, known as Dialogue Partners. ASEAN Dialogue Partners include Australia, Canada, China, the European Union, India, Japan, Pakistan, New Zealand, the Republic of Korea, Russia and the United States. ASEAN has signed several PTAs with the some of the Dialogues, including PTAs with Japan, India, the Republic of Korea, China and Australia and New Zealand. Several of the PTAs feature ‘Investment Chapters’ which regulate investment in the parties to the PTAs and address liberalisation, protection, transfer of funds and dispute settlement matters. In addition to the Dialogue Partnerships, ASEAN-led platforms including the ASEAN Plus Three, East Asia Summit, ASEAN Regional Forum and the ASEAN Defence Ministers’ Meeting Plus have helped to develop predictability in interactions among its members, thus enhancing confidence-building and contributing towards regional stability. This Part discusses in general the relationship between ACIA, which applies to all the AMS, and the relevant PTAs’ investment chapters and whether the investors may rely on each or all of the agreements in seeking protection for their investment in ASEAN (Table 14.1).
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