Asean Comprehensive Investment Agreement Citation

08 Apr

227 Van Harten, supra rating 11 to 139. Against this “Investor Rights” approach to balancing investment contracts, Mr. Van Harten advocates an interpretive “public law” framework whereby the courts try to become aware of broader regulatory concerns (ibid.144). 56 See Sornarajah, above in Note 5 196, 232, which refers to the alternative wording (found in some contracts) that a protected investment must be made “from time to time in the host state” in accordance with laws, policies and regulations. Sornarajah criticizes this “subjective” formulation as “the deprivation of the contract of any content protected by protection, because the host state could simply defeat the protection of the treaty by amending its laws.” (ibid.232) 40 Articles 2 A and 1, CFIA letter, read from articles 24 to 26. The CFIA thus relies on the AIA, which included a “promotion and awareness programme” in which ASEAN Member States should organise joint investment promotion actions, hold regular consultations between their various investment agencies, etc.: see AIA, Article 5, Point B), and Calendar II. With regard to ASEAN`s various initiatives to promote and facilitate investment, see Low, Linda, ASEAN Economic Cooperation and Challenges (Singapore: Institute of Southeast Asian Studies, 2004) at 34-41Google Scholar; Davidson, supra rating 24-90-96; Thanadsillapakul, “AIA,” supra Note 35. To promote the ASEAN region as an integrated investment space providing favourable conditions for domestic and international investment, all Member States agree through the CFIA: 39 Therefore, the general preamble to NAFTA refers to priorities that are not directly related to trade and investment, including “environmental protection” and “fundamental workers` rights”. Similarly, the preamble to the U.S. Model ILO states that “the [investment]-related objectives are being achieved in a manner consistent with the protection of health, safety and the environment and the promotion of the rights of internationally recognized workers.” The overall objective of the aSEAN Global Investment Agreement is to establish a free, open, transparent and integrated investment system for domestic and international investors throughout the ASEAN region, and CFIA`s benefits include investment liberalization, non-discrimination, transparency, investor protection and investor-state dispute settlement.

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