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Legal and Policy Considerations
from Part IV - Multilateral Rule-Making in Asia on Trade and Investment: From ASEAN to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership
Published online by Cambridge University Press: 13 August 2021
This Chapter delves into the fast-evolving international regime for investment law and arbitration in Asia and assesses the influence of the European Union (“EU”) proactive investment policy in Asia. The EU is by far the world leading economic leader in foreign investment. However, the EU only is a recent actor in the field of international investment regulation. In this respect, treaties concluded with Singapore and Vietnam and current EU investment negotiations with Asian countries are examined in this Chapter as they are not only relevant for immediate participants but also for third countries, in particular in Asia where EU investors have a significant presence which will further increase. In this case, this Chapter provides a framework of analysis for understanding investment rulemaking in Asia and how EU investment policy is actually and potentially affecting the Asian regime for foreign investment. This Chapter suggests that the EU factor only encourages a recalibration (rather than a reset) of the Asian regime for investment regulation.
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