IDEAS home Printed from https://ideas.repec.org/h/spr/sprchp/978-981-99-0490-7_21.html
   My bibliography  Save this book chapter

Sustainable Development Provisions in ASEAN Investment Treaties

In: Contemporary Economic Issues in Asian Countries: Proceeding of CEIAC 2022, Volume 2

Author

Listed:
  • Quan Ngo Trong

    (Hanoi Law University)

Abstract

Investment treaties have traditionally been criticized for being ineffective in addressing sustainable development issues because of their focus on investment protection. In light of the increasing adverse effects of foreign direct investment on social and environmental issues of the host states, international organizations and states have adopted initiatives to reform the investment treaty system, making it more compatible with sustainable development goals. As a dynamic capital-importing region, ASEAN has been adapting its treaty-making agenda to achieve a better balance between investment protection and protection of general public interests. This paper takes stock of provisions addressing sustainable development in ASEAN’s investment treaties. The scope of the survey is limited to treaties signed between ASEAN and partner countries, which does not cover bilateral and multilateral treaties by individual member states. It argues that while the quantity of such clauses is modest, they are innovative from treaty drafting perspectives. ASEAN’s investment treaties have consistently reinforced the right of host states to regulate for sustainability. In that way, unsustainable foreign investment into the region may not enjoy treaty protection and benefit from investor-state dispute settlement mechanism.

Suggested Citation

  • Quan Ngo Trong, 2023. "Sustainable Development Provisions in ASEAN Investment Treaties," Springer Books, in: An Thinh Nguyen & Thu Thuy Pham & Joon Song & Yen-Ling Lin & Manh Cuong Dong (ed.), Contemporary Economic Issues in Asian Countries: Proceeding of CEIAC 2022, Volume 2, pages 343-358, Springer.
    • Handle: RePEc:spr:sprchp:978-981-99-0490-7_21
    DOI: 10.1007/978-981-99-0490-7_21
    as

    Download full text from publisher

    To our knowledge, this item is not available for download. To find whether it is available, there are three options:
    1. Check below whether another version of this item is available online.
    2. Check on the provider's web page whether it is in fact available.
    3. Perform a search for a similarly titled item that would be available.

    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:spr:sprchp:978-981-99-0490-7_21. 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: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

    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.