Journal article

Legalizing the ASEAN Way: Adapting and reimagining the ASEAN investment regime

S Cho, J Kurtz

American Journal of Comparative Law | Published : 2018


This Article explores the legalization characteristics of the investment rules of the Association of South-East Asian Nations (ASEAN). Measured against orthodox and external benchmarks, ASEAN's investment regime is relatively limited. We make the following two arguments in this Article. First, we argue that while ASEAN members have subscribed to global norms in their own collective investment rules, they have done so in an intentionally selective manner shaped fundamentally by key contextual dynamics. These encompass a complex combination of ASEAN members' unique deliberation modality (the "ASEAN Way") informed by their shared historical experience coupled with negative social learning. Usin..

View full abstract

University of Melbourne Researchers

Citation metrics