Investment regionalism in Asia: new directions in law and policy?

Abstract

AbstractAlthough Asian regionalism has commanded much attention from academics and policymakers, it has largely been restricted to the trade and financial realms. This paper focuses specifically on the scope and limits of ‘investment regionalism’ involving Asia. A combination of regional foreign direct investment (FDI) stakes and international socialization patterns has led Asian actors to mark investments as a key issue in their regionalism strategy overall. As elsewhere, they too have moved toward a mode of governance favoring the formal legalization of investments in terms of the precision, obligation, and delegation of rules. Already the endeavors of both the middle and dominant economies in the region have shifted from just concluding Bilateral Investment Treaties (BITs) and investment-related chapters in Free Trade Agreements (FTAs) to designing region-wide investment agreements and initiatives by-and-for Asian countries. Although the legal effectiveness of this rule-making change will play out in the long run in and across Asian societies, the more immediate policy implication relates to its potential impact on the evolution of Asian regionalism as a whole.