Corruption and illegality in Asian investment arbitration / Nobumichi Teramura, Luke Nottage, Bruno Jetin, editors.
2024
ebook
Linked e-resources
Linked Resource
Details
Title
Corruption and illegality in Asian investment arbitration / Nobumichi Teramura, Luke Nottage, Bruno Jetin, editors.
Language
English
Description
1 online resource (xviii, 454 pages) : illustrations (some color).
ISBN
9789819993031 (electronic bk.)
9819993032 (electronic bk.)
9789819993024
9819993024
9819993059
9789819993055
9819993032 (electronic bk.)
9789819993024
9819993024
9819993059
9789819993055
Summary
This open access book explores Asian approaches towards investment arbitration -- a transnational procedure to resolve disputes between a foreign investor and a host state -- setting it in the wider political economy and within domestic law contexts. It considers the extent to which significant states in Asia are, or could become, "rule makers" rather than "rule takers" regarding corruption and serious illegality in investor-state arbitration. Corruption and illegality in international investment are widely condemned in any society, but there remains a lack of consensus on the consequences, especially in investment arbitration. A core issue addressed is whether a foreign investor violating a host state's law should be awarded protection of its investment, as per its contract with the host state and/or the applicable investment or trade agreement between the home state and the host state. Some suggest such protection would be unnecessary as the investor committed a crime in the host state, while others attempt to establish an equilibrium between the investor and the host state. Others claim to protect investment, invoking the sanctity of promises made. The book starts with a deep dive into economic and legal issues in corruption and investment arbitration and then explores the situation and issues in major countries in the region in detail. It is a useful reference point for lawyers, economists, investors, and government officials who are seeking comprehensive and up-to-date information on anti-bribery rules in Asian investment treaties. It is of particular interest to students and researchers in economics, finance, and law, who are undertaking new research relating to the multifaceted impacts of corruption.
Note
Includes index.
Formatted Contents Note
Introduction
1. Bribery and Other Serious Investor Misconduct in Asian International Arbitration
Part 1: The Economic Context of Corruption and Investment
2.Does Corruption Hinder FDI and Growth in Asia and Beyond? The Grabbing Versus Helping Hand Revisited
3. The Effect of Corruption on Foreign Direct Investment at the Regional Level: Positive or Negative Relationship?
Part 2: General Legal Issues from the Interface of Corruption, Illegality and Investment Arbitration
4. Anti-Corruption Laws and Investment Treaty Arbitration: An Asian Perspective
5. Multi-Tiered International Anti-Corruption Cooperation in Asia: Treaties Review and Prospects.
1. Bribery and Other Serious Investor Misconduct in Asian International Arbitration
Part 1: The Economic Context of Corruption and Investment
2.Does Corruption Hinder FDI and Growth in Asia and Beyond? The Grabbing Versus Helping Hand Revisited
3. The Effect of Corruption on Foreign Direct Investment at the Regional Level: Positive or Negative Relationship?
Part 2: General Legal Issues from the Interface of Corruption, Illegality and Investment Arbitration
4. Anti-Corruption Laws and Investment Treaty Arbitration: An Asian Perspective
5. Multi-Tiered International Anti-Corruption Cooperation in Asia: Treaties Review and Prospects.
Access Note
Open access.
Open Access
Open Access
Call Number
ebook
Available in Other Form
Print version:
Record Appears in
Published
Singapore : Springer, 2024.
System Control No.
(OCoLC)1431192390
Item Details
Location
UNCITRAL
Call Number
ebook