Environmental Provisions in ASEAN Investment Agreements: Reserving Member States’ Right to Regulate Environmental Issues

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Kim Anh Dao
Korea University School of Law, Foreign Trade University, Hanoi, Vietnam

This work-in-progress was presented and workshopped at the ASEAN Law Academy Conference 2023. The full article was later published in the Journal of East Asia and International Law (published online: November 30, 2023), and can be accessed here: http://journal.yiil.org/home/archives_v16n2_06.  

This article delves into the interplay between environmental protection and foreign investment in ASEAN’s investment treaties. It critically assesses the efficacy of environmental clauses in these agreements, highlighting their often vague or narrow scope, which could restrict ASEAN states in enforcing environmental regulations. The article then offers recommendations for future treaties to balance investment promotion with environmental regulation rights. This research is relevant to legal and policy professionals, and anyone interested in the nexus of international investment law and environmental stewardship in Southeast Asia.

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