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Investment Treaties and the Rule of Law Promise: The Internalisation of International Commitments in Asia

Edited by: N. Jansen Calamita, Ayelet Berman

ISBN13: 9781009153010
To be Published: September 2022
Publisher: Cambridge University Press
Country of Publication: Singapore
Format: Hardback
Price: £95.00



Investment treaties are said to improve the rule of law in the states which enter into them. Fearing claims, governments will internalise international investment obligations into their decision-making processes, resulting in positive spill-over effects on the rule of law. Such arguments have never been backed by empirical research. This book presents an analytical framework for thinking about the internalisation of international commitments in governmental decision making that takes account of the complexities of governance. In so doing, it provides a typology of processes whereby international treaty obligations may be internalised by governments and identifies factors which may affect whether and to what extent international commitments are internalised in governmental decision making. This framework serves as the background for the main body of the book in which empirical case studies address whether and how a select group of governments in Asia internalise international investment treaty obligations in their decision-making.

Subjects:
Other Jurisdictions , Asia, International Investment Law
Contents:
1. The internalisation of investment treaties and the rule of law promise
N. Jansen Calamita and Ayelet Berman
2. Investment treaties and the rule of law in India
Prabhash Ranjan
3. Investment treaties and the rule of law in Indonesia
John Lumbantobing
4. Investment treaties and the rule of law in Korea
Younsik Kim
5. The impact of investment treaties on the rule of law in Myanmar
Jonathan Bonnitcha
6. Investment treaties and the rule of law in Singapore
Dafina Atanasova
7. Investment treaties and the rule of law: the case of Sri Lanka
Sachintha Dias
8. Investment treaties and the rule of law in Thailand
Teerawat Wongkaew
9. Investment treaties and the rule of law in Viet Nam
Tran Viet Dung
10. Assessing the rule of law promise: The impact of investment treaties on national governance
N. Jansen Calamita and Ayelet Berman