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Corruption and Illegality in Asian Investment Arbitration / edited by Nobumichi Teramura, Luke Nottage, Bruno Jetin.
Springer Nature - Springer Law and Criminology eBooks 2024 English International Available online
View onlineSpringer Nature - Springer Nature Link Journals and eBooks - Fully Open Access Available online
View online- Format:
- Book
- Author/Creator:
- Teramura, Nobumichi.
- Series:
- Asia in Transition, 2364-8260 ; 22
- Language:
- English
- Subjects (All):
- Asia--Economic conditions.
- Asia.
- Commercial law.
- Mediation.
- Dispute resolution (Law).
- Arbitration (Administrative law).
- Economics.
- Finance.
- International law.
- Trade regulation.
- Asian Economics.
- Business Law.
- Dispute Resolution, Mediation, Arbitration.
- Political Economy and Economic Systems.
- Financial Economics.
- International Economic Law, Trade Law.
- Local Subjects:
- Asian Economics.
- Business Law.
- Dispute Resolution, Mediation, Arbitration.
- Political Economy and Economic Systems.
- Financial Economics.
- International Economic Law, Trade Law.
- Physical Description:
- 1 online resource (463 pages)
- Edition:
- 1st ed. 2024.
- Place of Publication:
- Singapore : Springer Nature Singapore : Imprint: Springer, 2024.
- 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.
- Contents:
- 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.
- Notes:
- Description based on publisher supplied metadata and other sources.
- ISBN:
- 981-9993-03-2
- OCLC:
- 1431192390
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