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"Sornarajah (law, National University of Singapore) surveys the international law developed to protect foreign investment by multinational corporations, and considers the ways in which misconduct on the part of such corporations in host states can be controlled. Focus is on the protection of foreign investment and the problems associated with such protection, with discussion of treaty-based methods, analysis of several bilateral and regional investment treaties, and consideration of the WTO's failure to agree on a multilateral treaty system."

"This book brings together foreign investment and investment arbitration in Asia, the fastest growing economic region in the world. It provides a critical analysis of foreign investment, its benefits and the legal regimes of the jurisdictions studied at a time when investor-state disputes are on the rise and investment arbitration is under growing scrutiny. Governments are under greater pressure to balance the promotion of investment with public policy development and interests and calls for a permanent court for investment arbitration are getting louder. To assess future possibilities, this book takes stock of, brings together and analyses the legal regimes on foreign investment in 12 major Asian jurisdictions, namely China, Hong-Kong, India, Indonesia, Japan, South Korea, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam. These constitute paradigmatic examples of what is happening in the legal framework of Asian foreign investment and the impact that the current system of investment arbitration has in all of them. The analysis shows the existence of changing positions and degrees of openness towards foreign investment in the region, as well as a distinct level of exposure to and involvement in investment arbitration. Predictably, their situation will change in the near future, at least in relation to investment arbitration. Proposals for reform have already been made and international institutions are working on the development of an alternative to the proceedings of investment arbitration as it is currently constructed and understood. Consequently, the last two chapters of this book are devoted to the analysis of these developments that will most probably affect the existing situation in the region."

"Sebagai salah bentuk perlindungan hukum terhadap investor, arbitrase investasi internasional memberikan sarana kepada investor asing untuk mengajukan klaim atas dasar perlindungan-perlindungan substantif yang menjadi hak investor. Dalam perkembangannya, tribunal arbitrase seringkali dihadapkan dengan isu korupsi yang dijadikan argumentasi oleh para pihak untuk menolak yurisdiksi tribunal atau meniadakan klaim pihak lain. Kondisi tersebut menimbulkan komplikasi dan ketidakpastian terkait perlindungan investor mengingat sarana terhadap arbitrase merupakan bentuk perlindungan prosedural bagi investor. Sifat dari tindak pidanakorupsi yang luas, multi-dimensional dan memiliki sisi pemberi dan penerima juga berperan dalam menambah komplikasi permasalahan ini. Penelitian ini akan membahas komplikasi tersebut serta mengkaji kesiapan hukum investasi Indonesia dalam menghadapi permasalahan tersebut.

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As one of a form of protection toward investors, international investment arbitration provides a way for foreign investor to file a lawsuit based on the substantive protection provided to them as a right. In its development, arbitral tribunal often faced with an issue of corruption that serve as a killing argument against the claim

of other parties, this condition has the potential to complicate the issue and create uncertainty towards investor protection in which the international investment arbitration itself serves as a procedural protection of investor. The nature of the corruption which is broad, multi-dimensional, and got supply and demand side in it, furtherly complicate the issue. This study will discuss on this complicated issue and review about the readiness of Indonesian Investment Law to deal with the issue."

"Attempts at developing a theory of international investment law are complicated by the fact that this field of international law is based on numerous, largely bilateral treaties and is implemented by arbitral panels established on a case-by-case basis. This suggests a fragmented and chaotic state of the law, with different levels of protection depending on the sources and targets of foreign investment flows. This book, however, forwards the thesis that international investment law develops, despite its bilateral form, into a multilateral system of law that backs up the functioning of a global market economy based on converging principles of investment protection. In discussing the function of most-favored-nation clauses, the possibilities of treaty-shopping and the impact of investor-State arbitration with its intensive reliance on precedent and other genuinely multilateral approaches to treaty interpretation, it offers a conceptual framework for understanding the nature and functioning of international investment law as a genuinely multilateral system."

"Sornarajah (law, National University of Singapore) surveys the international law developed to protect foreign investment by multinational corporations, and considers the ways in which misconduct on the part of such corporations in host states can be controlled. Focus is on the protection of foreign investment and the problems associated with such protection, with discussion of treaty-based methods, analysis of several bilateral and regional investment treaties, and consideration of the WTO's failure to agree on a multilateral treaty system."

"A breach of fair and equitable treatment is alleged in almost every investor-state dispute. It has therefore become a controversial norm, which touches many questions at the heart of general international law. Roland Klager sheds light on these controversies by exploring the deeper doctrinal foundations of fair and equitable treatment and reviewing its contentious relationship with the international minimum."