IDEAS home Printed from https://ideas.repec.org/a/sae/chnrpt/v57y2021i2p151-168.html
   My bibliography  Save this article

Amicus Curiae Intervention in China-ASEAN Investment Disputes: Rationale, Dilemmas and Reform Path

Author

Listed:
  • Xinglong Yang

    (Southwest University of Political Science and Law, Chongqing, China 289090989@qq.com)

Abstract

One main criticism levelled against the investor-state dispute settlement system (ISDS) is the existence of limited opportunities for amicus intervention. Against this backdrop, this article firstly studies what reforms regarding amicus intervention in ISDS proceedings have been put forward by China and ASEAN countries and the relevant dilemmas. Subsequently, to ensure that maximum benefits can be realised from amicus participation in ISDS proceedings in China-ASEAN Free Trade Area (CAFTA), this article proposes procedures for when and how an amicus may participate in arbitral proceedings under the upcoming investment agreements, particularly the Regional Comprehensive Economic Partnership (RCEP). Additionally, given the fact that the level of amicus participation in ISDS proceedings is still limited, the article suggests that China and ASEAN need to establish safeguards to provide amici with access to key arbitral documents and oral hearings. However, achieving the above objectives should not come at the expense of undermining the confidential and protected information of both disputing parties .

Suggested Citation

  • Xinglong Yang, 2021. "Amicus Curiae Intervention in China-ASEAN Investment Disputes: Rationale, Dilemmas and Reform Path," China Report, , vol. 57(2), pages 151-168, May.
    • Handle: RePEc:sae:chnrpt:v:57:y:2021:i:2:p:151-168
    DOI: 10.1177/00094455211004258
    as

    Download full text from publisher

    File URL: https://journals.sagepub.com/doi/10.1177/00094455211004258
    Download Restriction: no
    File URL: https://libkey.io/10.1177/00094455211004258?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:sae:chnrpt:v:57:y:2021:i:2:p:151-168. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: SAGE Publications (email available below). General contact details of provider: .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.