ASEAN investment dispute settlement: A challenge to the ASEAN enhanced dispute settlement mechanism

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Abstract

The Association of Southeast Asian Nations (ASEAN) Comprehensive Investment Agreement (ACIA) provides a state-to-state investment dispute settlement through the 2004 ASEAN Protocol on Enhanced Dispute Settlement Mechanism (ASEAN EDSM). The existence of ASEAN EDSM is to ensure expeditious and legally binding resolution of an economic dispute. This special report aims to examine the relations between the ACIA dispute settlement and the ASEAN EDSM, as well as some issues in the implementation of ASEAN state-to-state investment dispute settlement under the ACIA. The issues that might challenge the implementation of ASEAN EDSM in the inter-state investment dispute are the problem of ASEAN's exclusive jurisdiction, the lack of special procedures involving least-developed countries and the impractical procedures of the ASEAN EDSM.

Original languageEnglish
Title of host publicationChinese (Taiwan) Yearbook of International Law and Affairs
EditorsYing-Jeou Ma
PublisherBrill Academic Publishers
Pages289-307
Number of pages19
DOIs
Publication statusPublished - 2019

Publication series

NameChinese (Taiwan) Yearbook of International Law and Affairs
Volume37
ISSN (Print)2468-1288
ISSN (Electronic)2691-8749

Keywords

  • 2004 protocol of EDSM
  • ACIA
  • ASEAN
  • Investment disputes

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