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Publisher:
Cambridge University Press
Online publication date:
November 2022
Print publication year:
2022
Online ISBN:
9781009223331

Book description

In recent decades, South East Asia has become one of the world's most popular destinations for foreign investment. The member states of the Association of Southeast Asian Nations (ASEAN) have employed varying modalities to pursue first security and then economic cooperation. This book explores regional law and governance in ASEAN through the lens of its regulation of foreign investment. It adopts a new framework to identify the unique ontological autonomy of the ASEAN Investment Regime beyond a simple aggregation of its individual member states. It deploys a sociology-led approach (especially constructivism) and emphasizes ideational factors (such as culture and norms) that guide state actions from within. The book explores the manner in which ASEAN's history and culture have fundamentally shaped its foreign investment policies, leading to outcomes that often depart fundamentally from the external structure and script of Global Investment Law.

Awards

Winner, 2023 ISA International Law Section Best Book Award, International Studies Association

Reviews

‘Authored by two distinguished trade law scholars, Sungjoon Cho and Jürgen Kurtz, the book provides the most updated and comprehensive analysis of ASEAN’s investment regime. This timely contribution not only enriches the debate over the theoretical concepts of legalization, but also buttresses the empirical investigation of South-based regionalism. Undoubtedly the book will be of great use to scholars and practitioners in the fields of international economic law and international relations.’

Pasha L. Hsieh - Jean Monnet Chair and Professor of Law, Singapore Management University

‘This book insightfully sketches out the evolution of the ASEAN investment regime, highlighting its distinctive features (such as a low level of legalization) and exploring some historical, cultural and political factors that shed light on this important regional regime. The volume presents a perceptive and thick analysis informed by international relations and economic theories.’

Moshe Hirsch - Professor of Law, Von Hofmannsthal Professor of Law, Hebrew University of Jerusalem

'Recommended.'

M. J. Frost Source: Choice

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