Pub Date : 2023-07-13DOI: 10.1080/10192557.2023.2232617
M. Islam
{"title":"The impacts of third-party funding on cost decisions in investment arbitration","authors":"M. Islam","doi":"10.1080/10192557.2023.2232617","DOIUrl":"https://doi.org/10.1080/10192557.2023.2232617","url":null,"abstract":"","PeriodicalId":42799,"journal":{"name":"Asia Pacific Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2023-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41660282","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-13DOI: 10.1080/10192557.2023.2232619
S. R. Garimella, Soumya Rajsingh
{"title":"Indian Private International Law","authors":"S. R. Garimella, Soumya Rajsingh","doi":"10.1080/10192557.2023.2232619","DOIUrl":"https://doi.org/10.1080/10192557.2023.2232619","url":null,"abstract":"","PeriodicalId":42799,"journal":{"name":"Asia Pacific Law Review","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2023-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43911602","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-05DOI: 10.1080/10192557.2023.2216417
Xuejie Su
ABSTRACT This article explores Asian regionalism in the context of rule-making for cross-border regulation of State-owned enterprises (SOEs). Asian regionalism is defined by the normative integration of the Association of Southeast Asian Nations (ASEAN) which features a ‘hard-law obligations with structured flexibility’ paradigm in handling systematic conflicts. On the intra-regional level, the ASEAN aims to create a level-playing field through soft harmonization of competition law and policy. On the multilateral level, several ASEAN countries joined the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), which contains a set of rules dedicated to SOEs. These rules are paradigmatic of the emerging trend in cross-border SOE regulation. This article investigates whether and how the ASEAN way of structured flexibility is manifest in the emerging international rules on SOEs and its implications for cross-border SOE regulation.
{"title":"Asian regionalism and the shaping of state-owned enterprises rules in trade agreements","authors":"Xuejie Su","doi":"10.1080/10192557.2023.2216417","DOIUrl":"https://doi.org/10.1080/10192557.2023.2216417","url":null,"abstract":"ABSTRACT This article explores Asian regionalism in the context of rule-making for cross-border regulation of State-owned enterprises (SOEs). Asian regionalism is defined by the normative integration of the Association of Southeast Asian Nations (ASEAN) which features a ‘hard-law obligations with structured flexibility’ paradigm in handling systematic conflicts. On the intra-regional level, the ASEAN aims to create a level-playing field through soft harmonization of competition law and policy. On the multilateral level, several ASEAN countries joined the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), which contains a set of rules dedicated to SOEs. These rules are paradigmatic of the emerging trend in cross-border SOE regulation. This article investigates whether and how the ASEAN way of structured flexibility is manifest in the emerging international rules on SOEs and its implications for cross-border SOE regulation.","PeriodicalId":42799,"journal":{"name":"Asia Pacific Law Review","volume":"31 1","pages":"596 - 617"},"PeriodicalIF":0.5,"publicationDate":"2023-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41866527","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-04DOI: 10.1080/10192557.2023.2216418
Sherzod Shadikhodjaev
ABSTRACT As part of Asia-Pacific regionalism, the Association of Southeast Asian Nations (ASEAN) is in the process of establishing a single market. ASEAN member states conduct their industrial policies on their own but are also guided by the ASEAN legal framework. Having once been in the mainstream of government economic interventions, localization measures still continue to be in use in this region and today affect not only manufacturing but also data-reliant industries, erecting barriers to the advancement of the Fourth Industrial Revolution. Southeast Asian countries, like many others, have widely utilized various forms of subsidies as a means of promoting domestic industries. Because of their trade-distortive effects, localization measures and subsidies are disciplined by the World Trade Organization. With the focus on ASEAN member states, this article discusses localization and subsidy issues as addressed under trade rules and outlines some tasks for the ASEANization of industrial policies to deepen regional integration and strengthen ASEAN’s unity.
{"title":"Industrial policy in Asia-Pacific integration: localization measures and subsidies in ASEAN countries","authors":"Sherzod Shadikhodjaev","doi":"10.1080/10192557.2023.2216418","DOIUrl":"https://doi.org/10.1080/10192557.2023.2216418","url":null,"abstract":"ABSTRACT As part of Asia-Pacific regionalism, the Association of Southeast Asian Nations (ASEAN) is in the process of establishing a single market. ASEAN member states conduct their industrial policies on their own but are also guided by the ASEAN legal framework. Having once been in the mainstream of government economic interventions, localization measures still continue to be in use in this region and today affect not only manufacturing but also data-reliant industries, erecting barriers to the advancement of the Fourth Industrial Revolution. Southeast Asian countries, like many others, have widely utilized various forms of subsidies as a means of promoting domestic industries. Because of their trade-distortive effects, localization measures and subsidies are disciplined by the World Trade Organization. With the focus on ASEAN member states, this article discusses localization and subsidy issues as addressed under trade rules and outlines some tasks for the ASEANization of industrial policies to deepen regional integration and strengthen ASEAN’s unity.","PeriodicalId":42799,"journal":{"name":"Asia Pacific Law Review","volume":"31 1","pages":"618 - 640"},"PeriodicalIF":0.5,"publicationDate":"2023-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47068747","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-04DOI: 10.1080/10192557.2023.2216415
J. Nedumpara
ABSTRACT The economic integration taking place among the Asia-Pacific countries is unique and transformative. The new Asian regionalism represents the collective power of the Asia-Pacific countries with ASEAN at its centre and a regime underpinned by hard law fostered by comprehensive trade and investment agreements. While ASEAN countries are committed to the ASEAN way of dispute settlement, the participation of the Asia-Pacific region in mega-regionals, such as the Regional Comprehensive Economic Partnership (RCEP) and the Comprehensive and Progressive Economic Partnership, has resulted in certain unique features with consultation, negotiation, and mediation forming an essential feature of dispute settlement within the Asia-Pacific region. While law is integral to the Asian regionalism, soft approaches including negotiation, conciliation, and mediation makes it distinctive, effective, and cohesive. This article examines how these evolving features of dispute settlement in trade and investment contribute to the Third Regionalism or the New Regional Economic Order.
{"title":"International trade and investment dispute settlement in the Asia-Pacific region: inspiring the new Asian regionalism","authors":"J. Nedumpara","doi":"10.1080/10192557.2023.2216415","DOIUrl":"https://doi.org/10.1080/10192557.2023.2216415","url":null,"abstract":"ABSTRACT\u0000 The economic integration taking place among the Asia-Pacific countries is unique and transformative. The new Asian regionalism represents the collective power of the Asia-Pacific countries with ASEAN at its centre and a regime underpinned by hard law fostered by comprehensive trade and investment agreements. While ASEAN countries are committed to the ASEAN way of dispute settlement, the participation of the Asia-Pacific region in mega-regionals, such as the Regional Comprehensive Economic Partnership (RCEP) and the Comprehensive and Progressive Economic Partnership, has resulted in certain unique features with consultation, negotiation, and mediation forming an essential feature of dispute settlement within the Asia-Pacific region. While law is integral to the Asian regionalism, soft approaches including negotiation, conciliation, and mediation makes it distinctive, effective, and cohesive. This article examines how these evolving features of dispute settlement in trade and investment contribute to the Third Regionalism or the New Regional Economic Order.","PeriodicalId":42799,"journal":{"name":"Asia Pacific Law Review","volume":"31 1","pages":"556 - 575"},"PeriodicalIF":0.5,"publicationDate":"2023-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46998848","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.1080/10192557.2023.2216055
Yo Sop Choi, Ploykaew Porananond
ABSTRACT Over the last decade, many countries have demonstrated remarkable development in their competition regimes, and the regimes of the Member States of the Association of Southeast Asian Nations (ASEAN) are no exception. Since effective competition policy for the digital economy has become an important topic across the world, it is time to discuss desirable guidance for digital competition law and policy in the ASEAN region. There are notable obstacles to providing digital policy guidance for the ASEAN Member States. Most Member States have distinctive objectives of competition law, such as associating the non-economic goals of fair competition with unique substantive rules on unfair trade practices. Moreover, the dissimilar level of law enforcement among the Member States requires ASEAN to provide applicable standards for the appraisal of conduct in digital cases so as not to distort competition in the ASEAN region. This article aims at providing suggestions for ASEAN guidelines for the digital economy, which has not been discussed before, by analysing the cases and legislation in several competition regimes.
{"title":"Competition law and policy of the ASEAN member states for the digital economy: a proposal for greater harmonization","authors":"Yo Sop Choi, Ploykaew Porananond","doi":"10.1080/10192557.2023.2216055","DOIUrl":"https://doi.org/10.1080/10192557.2023.2216055","url":null,"abstract":"ABSTRACT Over the last decade, many countries have demonstrated remarkable development in their competition regimes, and the regimes of the Member States of the Association of Southeast Asian Nations (ASEAN) are no exception. Since effective competition policy for the digital economy has become an important topic across the world, it is time to discuss desirable guidance for digital competition law and policy in the ASEAN region. There are notable obstacles to providing digital policy guidance for the ASEAN Member States. Most Member States have distinctive objectives of competition law, such as associating the non-economic goals of fair competition with unique substantive rules on unfair trade practices. Moreover, the dissimilar level of law enforcement among the Member States requires ASEAN to provide applicable standards for the appraisal of conduct in digital cases so as not to distort competition in the ASEAN region. This article aims at providing suggestions for ASEAN guidelines for the digital economy, which has not been discussed before, by analysing the cases and legislation in several competition regimes.","PeriodicalId":42799,"journal":{"name":"Asia Pacific Law Review","volume":"31 1","pages":"358 - 379"},"PeriodicalIF":0.5,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43551883","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.1080/10192557.2023.2216058
N. Mishra, Ana María González Valencia
ABSTRACT This article explores digital integration in the Asia Pacific through a comparative analysis of four preferential trade agreements (PTAs): (i) the Comprehensive and Progressive Trans-Pacific Partnership Agreement (CPTPP); (ii) the Regional Comprehensive Economic Partnership Agreement (RCEP); and two-digital only agreements: (iii) the ASEAN Ecommerce Agreement; and (iv) the Digital Economy Partnership Agreement. This article argues that although Asia/ASEAN-led PTAs such as RCEP and ASEAN E-Commerce Agreement appear less ambitious at first sight, when compared to digital trade chapters in PTAs led by western states such as the CPTPP, they are both relevant and appropriately suited to foster digital trade integration in the region. Viewed from the perspective of New Asian Regionalism, these agreements contribute substantially to the global economic order by leveraging the collective power of the Asia-Pacific through a pragmatic, incremental approach. By combining soft law mechanisms with specific legal obligations, these PTAs have better-addressed variations in digital development levels and policy preferences across countries, eventually leading to meaningful consensus-building and long-term engagement in complex areas of digital regulation.
{"title":"Digital services and digital trade in the Asia pacific: an alternative model for digital integration?","authors":"N. Mishra, Ana María González Valencia","doi":"10.1080/10192557.2023.2216058","DOIUrl":"https://doi.org/10.1080/10192557.2023.2216058","url":null,"abstract":"ABSTRACT This article explores digital integration in the Asia Pacific through a comparative analysis of four preferential trade agreements (PTAs): (i) the Comprehensive and Progressive Trans-Pacific Partnership Agreement (CPTPP); (ii) the Regional Comprehensive Economic Partnership Agreement (RCEP); and two-digital only agreements: (iii) the ASEAN Ecommerce Agreement; and (iv) the Digital Economy Partnership Agreement. This article argues that although Asia/ASEAN-led PTAs such as RCEP and ASEAN E-Commerce Agreement appear less ambitious at first sight, when compared to digital trade chapters in PTAs led by western states such as the CPTPP, they are both relevant and appropriately suited to foster digital trade integration in the region. Viewed from the perspective of New Asian Regionalism, these agreements contribute substantially to the global economic order by leveraging the collective power of the Asia-Pacific through a pragmatic, incremental approach. By combining soft law mechanisms with specific legal obligations, these PTAs have better-addressed variations in digital development levels and policy preferences across countries, eventually leading to meaningful consensus-building and long-term engagement in complex areas of digital regulation.","PeriodicalId":42799,"journal":{"name":"Asia Pacific Law Review","volume":"31 1","pages":"489 - 513"},"PeriodicalIF":0.5,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46558639","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.1080/10192557.2023.2216057
M. Limenta
ABSTRACT The Regional Comprehensive Economic Partnership Agreement (RCEP) has shaped the legal regime of the ‘new Asian regionalism’ that emerged due to the region’s rising economic power and increased partnerships. However, the pact has been criticized to bypass rules dealing with environmental protection. This article demonstrates that the RCEP can potentially contribute to trade in certain renewable energy generation products through its tariff liberalization scheme. It also submits that the pervasive use of unilateral trade remedies and local content requirements could impede greater trade potential facilitated by these tariff cut commitments. Looking ahead, a number of proposals are tabled in this article to improve the quality of the RCEP in advancing regional trade partnership in green energy promotion.
{"title":"Shaping trade in goods relevant to renewable energy generation: the RCEP’s potential and limitation","authors":"M. Limenta","doi":"10.1080/10192557.2023.2216057","DOIUrl":"https://doi.org/10.1080/10192557.2023.2216057","url":null,"abstract":"ABSTRACT The Regional Comprehensive Economic Partnership Agreement (RCEP) has shaped the legal regime of the ‘new Asian regionalism’ that emerged due to the region’s rising economic power and increased partnerships. However, the pact has been criticized to bypass rules dealing with environmental protection. This article demonstrates that the RCEP can potentially contribute to trade in certain renewable energy generation products through its tariff liberalization scheme. It also submits that the pervasive use of unilateral trade remedies and local content requirements could impede greater trade potential facilitated by these tariff cut commitments. Looking ahead, a number of proposals are tabled in this article to improve the quality of the RCEP in advancing regional trade partnership in green energy promotion.","PeriodicalId":42799,"journal":{"name":"Asia Pacific Law Review","volume":"31 1","pages":"469 - 488"},"PeriodicalIF":0.5,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45375570","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-30DOI: 10.1080/10192557.2023.2216056
J. Chaisse, Pasha L. Hsieh
ABSTRACT The neoliberal international order is facing a variety of pressing obstacles. One of the most contentious issues is the emergence of new Asian regionalism, which has been driven by the rising economic power of the region and integration based on the Association of Southeast Asian Nations (ASEAN) Plus Six framework. The legalization of the ASEAN way has propelled the New Regional Economic Order (NREO), which reinforces a trade-development nexus alternative to the Washington Consensus and will have far-reaching normative, economic, and geopolitical effects on the world. Given the proliferation of trade and investment initiatives including the ASEAN Economic Community and mega-regional trade agreements, this article investigates the influence of the Third Regionalism on Asian integration and beyond. Additionally, this article envisions the future of new Asian regionalism by uncovering the global and systemic implications of ASEAN and NREO developments.
{"title":"Rethinking Asia-Pacific regionalism and new economic agreements","authors":"J. Chaisse, Pasha L. Hsieh","doi":"10.1080/10192557.2023.2216056","DOIUrl":"https://doi.org/10.1080/10192557.2023.2216056","url":null,"abstract":"ABSTRACT The neoliberal international order is facing a variety of pressing obstacles. One of the most contentious issues is the emergence of new Asian regionalism, which has been driven by the rising economic power of the region and integration based on the Association of Southeast Asian Nations (ASEAN) Plus Six framework. The legalization of the ASEAN way has propelled the New Regional Economic Order (NREO), which reinforces a trade-development nexus alternative to the Washington Consensus and will have far-reaching normative, economic, and geopolitical effects on the world. Given the proliferation of trade and investment initiatives including the ASEAN Economic Community and mega-regional trade agreements, this article investigates the influence of the Third Regionalism on Asian integration and beyond. Additionally, this article envisions the future of new Asian regionalism by uncovering the global and systemic implications of ASEAN and NREO developments.","PeriodicalId":42799,"journal":{"name":"Asia Pacific Law Review","volume":"31 1","pages":"451 - 468"},"PeriodicalIF":0.5,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44068989","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-30DOI: 10.1080/10192557.2023.2216414
J. Chaisse
ABSTRACT This article examines the interplay between taxation, trade, and investment in the context of new Asian regionalism. With the emergence of multilateral initiatives, tax rules have evolved with the potential to conflict with trade and investment treaties, resulting in tax-related disputes. This article argues that tax cooperation and harmonization between Asian nations are crucial for promoting tax certainty and maximizing the benefits of regional integration. To achieve this, it is necessary to align trade, investment, and tax policies in the region, which requires coordinated efforts between countries. One approach is to establish a regional tax framework that includes common rules and standards for taxation, as well as mechanisms for cooperation and coordination among member states. This article highlights the importance of a coherent and consistent international tax framework to prevent double taxation and erode the benefits of trade and investment. The increasing digitalization of the global economy has challenged traditional tax principles, leading to debates on the tax implications of digital transactions. This article proposes the implementation of a comprehensive approach that includes infrastructure development, human capital, and technology transfer to maximize the benefits of regional integration fully. Achieving this alignment ensures that trade and investment are not hindered by tax-related disputes, which can negatively impact economic growth and development. Thus, greater coordination and cooperation among Asian nations, along with the development of a shared vision and long-term strategy for regional integration, are necessary.
{"title":"Tax, trade, and investment conundrum in Asia-Pacific regionalism","authors":"J. Chaisse","doi":"10.1080/10192557.2023.2216414","DOIUrl":"https://doi.org/10.1080/10192557.2023.2216414","url":null,"abstract":"ABSTRACT This article examines the interplay between taxation, trade, and investment in the context of new Asian regionalism. With the emergence of multilateral initiatives, tax rules have evolved with the potential to conflict with trade and investment treaties, resulting in tax-related disputes. This article argues that tax cooperation and harmonization between Asian nations are crucial for promoting tax certainty and maximizing the benefits of regional integration. To achieve this, it is necessary to align trade, investment, and tax policies in the region, which requires coordinated efforts between countries. One approach is to establish a regional tax framework that includes common rules and standards for taxation, as well as mechanisms for cooperation and coordination among member states. This article highlights the importance of a coherent and consistent international tax framework to prevent double taxation and erode the benefits of trade and investment. The increasing digitalization of the global economy has challenged traditional tax principles, leading to debates on the tax implications of digital transactions. This article proposes the implementation of a comprehensive approach that includes infrastructure development, human capital, and technology transfer to maximize the benefits of regional integration fully. Achieving this alignment ensures that trade and investment are not hindered by tax-related disputes, which can negatively impact economic growth and development. Thus, greater coordination and cooperation among Asian nations, along with the development of a shared vision and long-term strategy for regional integration, are necessary.","PeriodicalId":42799,"journal":{"name":"Asia Pacific Law Review","volume":"31 1","pages":"535 - 555"},"PeriodicalIF":0.5,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49030217","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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