Working Papers

Regionalization and Southeast Asian Multinational Corporations

Darren de la Torre Mangado Osaka University, Japan Abstract: Parallel to the region’s economic revival post-Asian Financial Crisis is the growth of Southeast Asian multinational corporations (ASEANAs), which have recently been gaining prominence in popular business conversations. Nonetheless, academic discussions accounting for this empirical phenomenon are lacking. The extant literature deliberates ASEANAs and their successes …

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Empowering Domestic Commercial Arbitration in ASEAN: An Analysis of the Benefits of Domestic Commercial Arbitration and Obstacles to its Promotion in Southeast Asia

Munkhnaran Munkhtuvshin Nagoya University, Graduate School of Law Abstract: ASEAN member states, like many other nations, strive to promote international commercial arbitration to increase their standing and prestige, while simultaneously attracting investments. One area of focus is promoting international arbitration. Domestic commercial arbitration also has several advantages, such as easing the case overload in state …

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Conciliation and Mediation in Investor-State Dispute Settlement Provisions

This article sets out the results of an extensive review of conciliation and/or mediation in investor-State dispute settlement (ISDS) provisions contained in international investment agreements (IIAs). Out of 3815 IIAs that were initially screened, 2674 (i.e. 70%) do not refer to such provisions. The research also revealed the number of IIAs signed each year with …

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Conciliation and Mediation in Investor-State Dispute Settlement Provisions

• Romesh Weeramantry, Brian Chang and Joel Sherard-Chow • 2021 Abstract: This article sets out the results of an extensive review of conciliation and/or mediation in investor-State dispute settlement (ISDS) provisions contained in international investment agreements (IIAs). Out of 3815 IIAs that were initially screened, 2674 (i.e. 70%) do not refer to such provisions. The …

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Bite the Bullet: The Future of Data Protection Law and Policy in ASEAN

Abstract This paper examines and presents an updated perspective regarding the need for an overarching regional data protection and privacy regulation for ASEAN in driving the open, free, and cross-border flow of data. This is contextualized by ongoing regional initiatives, the state of data protection and privacy laws across ASEAN Member States, and the utility …

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ASEAN-EU Relations: The European Union’s Engagement in ASEAN and Common Grounds for Cooperation

Abstract The European Union (EU) and ASEAN have come a long way in their economic relationship. With the recent culmination of the ASEAN-EU Strategic Partnership, prospects for reopening negotiations for their free trade agreement (FTA) present an indisputable opportunity. The changing nature of global politics has emphasised ASEAN’s centrality as a growing economic force. In …

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The ‘ASEAN Way’ The Structural Underpinnings of Constructive Engagement

Abstract This article explores the foundations for ASEAN’s constructive engagement policy with Burma. It separates the policy into economic and political components. The economic aspect was driven primarily by the pragmatic self-interests of ASEAN members seeking to gain greater access to Burma’s rich natural resources and cheap labour force. The political element was more consistent …

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The 2010 Protocol to the ASEAN Charter on Dispute Settlement Mechanisms: Challenges and Prospects for Future Human Rights Mechanisms in ASEAN

Abstract Human rights discourse often stray far from any discussions on the ASEAN dispute settlement mechanisms, and vice versa. All ASEAN dispute settlement mechanisms before 2010 have not taken into account human rights disputes. The 1976 Treaty of Amity and Cooperation in Southeast Asia (TAC), to 1996 Protocol on the Dispute Settlement Mechanism (1996 Protocol) …

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Role of Renewables and Legal Framework in Conceptualizing Energy Cooperation in ASEAN Region

Abstract Energy is a crucial component of the ASEAN Economic Community (AEC) vision, which strives for an integrated, competitive and resilient region, opening investment opportunities. All the developing economies within the Asia-Pacific region are expected to account for approximately two-thirds of global energy demand growth by 2040 (International Energy Agency, IEA). The countries in this …

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