Publication Type

Book Chapter

Version

publishedVersion

Publication Date

11-2022

Abstract

This Chapter examines the legal rules in the investment chapter in the Regional Comprehensive Economic Partnership (RCEP). It starts with an overview and summary of the main provisions in the chapter, followed by an assessment of the rules by comparing established free trade agreements (FTAs), especially the Comprehensive and Progressive Trans-Pacific Partnership. In particular, it notes that the chapter, whilst largely following the established approaches to investment in other FTAs, also includes important twists to the common rules to favour the host states. The last part discusses the conspicuous absence of an investor-state dispute settlement mechanism, its pros and cons, and wider implications on regional integration, then concludes with some thoughts on future developments.

Keywords

Investment, Investor-State Dispute Settlement, Scheduling, Positive, Listing, Negative Listing, Investment Protection

Discipline

International Trade Law

Publication

Dynamism of East Asia and RCEP: The Framework for regional integration

Editor

Kimura, F., S. Urata, S. Thangavelu, & D. Narjoko

First Page

201

Last Page

222

ISBN

9786025460456

Publisher

Economic Research Institute for ASEAN and East Asia (ERIA)

City or Country

Jakarta

Copyright Owner and License

Authors

Additional URL

https://www.eria.org/publications/dynamism-of-east-asia-and-rcep-the-framework-for-regional-integration/

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