International Investment Law at the Juncture An Asian Perspective

The book focuses on some of the most pressing issues in international investment law in Asia, such as the role of developing countries, the rebalancing between the investors’ rights protection and the host states’ right to regulate, the ISDS reform, among others. The book investigates these issues by looking into the bilateral investment treaties and investment arbitration cases in the region.

The readers will benefit from this book’s rich content and wide coverage. For instance, the readers would learn more about Asian states’ Bilateral Investment Treaty law and practice and their standing on international investment law. The book provides a fresh angle to most readers who may be more exposed to the Western perspective on the topic, providing a more complete picture to add to the readers’ understanding of international investment law and in particular its evolution and future possibilities.

Can China’s Belt and Road Initiative be Reconciled with the EU’s Multilateral Approaches to International Law?-Ernst-Ulrich Petersmann & Giuseppe Martinico.- Pluralism or Cosmopolitanism? Reflections on Petersmann’s International Economic Law Constitutionalism in the Context of China-Tao Li & Zuoli Jiang.- Is Calvo Dead? Wenhua Shan.-Calvo Is Back! Changing Sovereignty and Evolutionary Investment Law in a Leaving and Return of the State Paradigm-Shuo Feng & Wei Shen.- Outward FDI: Determinants and Flows in Emerging Economies: Evidence from China-Mohamad Zreik & Badar Alam Iqbal & Mohd Nayyer Rahman.- BIT by BIT: The Growth of Bilateral Investment Treaties and Their Impact on Foreign Investment in Developing Countries-Jeswald W. Salacuse.- Diversity in the Formulation of Fair and Equitable Treatment in International Investment Agreements-Mujeeb Emami & Rehna Gul.- The 2016 Model Indian Bilateral Investment Treaty: A Critical Deconstruction-Prabhash Ranjan and Pushkar Anand.- The Final 2015 Indian Model BIT: Is This the Change the World Wishes to See?-Grant Hanessian and Kabir Duggal.- Legalizing the ASEAN Way: Adapting and Reimagining the ASEAN Investment Regime-Sungjoon Cho & Jurgen Kurtz.- Comprehensive or BIT or BIT: the ACIA and Indonesia’s BITs-Junianto James Losari.- International Cooperation and Organizational Identities: The Evolution of the ASEAN Investment Regime-Sungjoon Cho & Jurgen Kurtz.- ASEAN Investment Treaties, RCEP, And CPTPP: Regional Strategies, Norms, Institutions, and Politics-Diane A. Desierto.- Addressing the Global Backlash Against Investment Arbitration? A Multilateral Investment Agreement and China-Junqing Chao.- A Multilateral Approach to Investor-State Dispute Settlement Issues in the Asia-Pacific Region-John Riley.- The Elephant In a Dark Room? Russia and the ISDS Reform-Dmitry K. Labin & Alena V. Soloveva.- Two Bites at the Same Apple? ‘Derivative’ ISDS Proceedings in the Revised Korea-US FTA-Jaemin Lee.- China and Investment Treaty Regime: Rule Taker or Rule Maker?-Sheng Zhang.- Investor-State Mediation in a China-EU Bilateral Investment Treaty: Talking About Being in the Right Place at the Right Time-Chunlei Zhao.- Legitimacy Crisis and the ISDS Reform in a Political Economy Context-Shuping Li and Wei Shen.

Shen Wei is KoGuan Chair Professor of Law at Shanghai Jiao Tong University Law School and Global Professor of Law at New York University School of Law. He obtained his Ph.D. from London School of Economics and is Lawyer qualified in New York practicing for a decade, mostly in Hong Kong, on foreign direct investment, private equity and mergers and acquisitions.

His main research interests include financial regulation, corporate governance, international investment law and commercial arbitration. Professor Shen is Arbitrator with Hong Kong International Arbitration Centre, Shanghai International Arbitration Centre, Shanghai Arbitration Commission and Shenzhen International Court of Arbitration.