Trade and investment treaties have proliferated throughout the Asia-Pacific region. Their dispute resolution mechanisms are important in entrenching market access commitments, especially when providing for direct claims by firms against states. But the Global Financial Crisis has also heightened...

International investment, especially Foreign Direct Investment (FDI), continues to grow apace across the Asian region, despite the Asian Financial Crisis and now the aftermath of the Global Financial Crisis (GFC). This paper is based on the introductory chapter for our 13-volume book (Foreign...

This paper outlines the historical evolution of Australia's foreign direct investment (FDI) regulation generally, under national law and more recently bilateral investment treaties (BITs) or investment chapters of free trade agreements (FTAs). This sets the stage for closer analysis of the...

Many similarities and occasional differences are evident in New Zealand (as explained in Part 2) and Australia (Part 3) concerning their laws screening foreign direct investment (FDI) and current approaches towards investment treaties, including the now politically sensitive issue of...

This paper outlines our collaborative research project for 2014-16, aimed at evaluating the economic and legal risks associated with the Australian Government's recent approach to investor-state dispute settlement (ISDS), and broader implications for Foreign Direct Investment (FDI) and...

Treaty-based investor-state dispute settlement (ISDS) is attracting increasing public debate. Particular concerns involve treaty provisions allowing investors from the home state to initiate arbitration claims directly against the host state for allegedly violating substantive rights (eg...

Based on an interdisciplinary and cross-institutional research project (2014-7) assessing international investment treaty dispute management more broadly, this paper (abridged from a related project) introduces part of our joint project examining key questions around the effect of investment...

Foreign direct investment (FDI) plays an increasingly important part in the economies of the Asian region. The legal and regulatory approaches taken to FDI across the Asian region reflect the diversity in the legal systems of the many countries of the region, which come from a variety of legal...

This paper first describes the trade tensions between Korea and Japan that escalated from mid-2019. It assesses Korea’s prospects in a formal claim now brought before the World Trade Organization, noting difficulties with substantive law, but especially procedure given the general breakdown in...