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
Citation
GAO, Henry S..
The investment chapter in the Regional Comprehensive Economic Partnership: Enhanced rules without enforcement mechanism. (2022). Dynamism of East Asia and RCEP: The Framework for regional integration. 201-222.
Available at: https://ink.library.smu.edu.sg/sol_research/4045
Copyright Owner and License
Authors
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
https://www.eria.org/publications/dynamism-of-east-asia-and-rcep-the-framework-for-regional-integration/