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The Limits Of Isomorphism: Global Investment Law And The Asean Investment Regime, Sungjoon Cho, Jurgen Kurtz

Sungjoon Cho

This article probes the unique ontogenetic path of ASEAN’s regulation of foreign investment by juxtaposing global investment law and the ASEAN context. While the former delivers a powerful heuristic on isomorphism that ASEAN exhibits in its strong reflection of global investment norms, the latter sheds critical light on ideological and analytical blind spots by exploring distinct heterogeneities in ASEAN’s investment regulation. Those heterogeneities are not simply outliers but reflect important historical and cultural values inherent to ASEAN and its members. The insights uncovered in this article invite scholars and policymakers to define a new form of global investment law that …

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East Asia’S Engagement With Cosmopolitan Ideals Under Its Trade Treaty Dispute Provisions, Chin Leng Lim

Chin Leng Lim

An East Asian view about how trade dispute settlement systems should be designed is slowly emerging. This paper argues that democratically-inspired trade law scholarship and cultural explanations of the international law behaviour of the Southeast and Northeast Asian trading nations have failed to capture or prescribe the actual treaty behaviour of these nations. Instead, such behaviour has resulted in the emergence of two different treaty models for the peaceful settlement of trade disputes. This article traces the practices of the Association of Southeast Asian Nations (ASEAN), together with that of China, Korea, Japan, Australia, and New Zealand. We find two …

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The China–Asean Tariff Acceleration Clause, Chin Leng Lim

Chin Leng Lim

India–China trade in the near future is likely to take place against the backdrop of an emerging, uncertain network of Asian Free Trade Agree- ments (FTAs). This chapter takes a look at the contemporary history of regional trade negotiations. It traces the influence of a third party; namely, ASEAN’s efforts to build links to the rest of Asia through a complex network of FTAs. That influence suggests a disturbing possibility – the exportation of a tariff acceleration device developed during the ASEAN–China negotiations to the rest of Asia. The ASEAN– China FTA contains a tariff acceleration clause and similar devices …

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Full-Text Articles in Law

The Limits Of Isomorphism: Global Investment Law And The Asean Investment Regime, Sungjoon Cho, Jurgen Kurtz

Sungjoon Cho

East Asia’S Engagement With Cosmopolitan Ideals Under Its Trade Treaty Dispute Provisions, Chin Leng Lim

Chin Leng Lim

The China–Asean Tariff Acceleration Clause, Chin Leng Lim

Chin Leng Lim