ASEAN IIAs: Conserving Regulatory Sovereignty While Promoting the Rule of Law?
Article from: TDM 5 (2011), in Resolving International Business Disputes by ADR in Asia
Investment flows have altered in just the last few years.
Traditionally, some have viewed the investment paradigm as a divide between developed (capital exporting) and developing (capital importing) countries. This view is evident in Judge Mohamed Shahabuddeen's dissent in the Malaysia Historical Salvors v. Malaysia Annulment Decision where he notes that the question that separates him from the majority is "whether a contribution to the economic development of the host State is a condition of an ICSID 'investment'." In his opinion, ICSID jurisdiction was not meant to be solely dependent on the will of the parties but rather the will of the ...