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Economic law reforms in the ASEAN emerging economies : a review of three decades' paths
Title
Economic law reforms in the ASEAN emerging economies : a review of three decades' paths / Terukazu Suruga, Phanhpakit Onphanhdala, Yuka Kaneko, editors.
ISBN
9789819915552
9819915554
9789819915569
Publication
Singapore : Springer Nature Singapore Pte Ltd, [2023]
Physical Description
xx, 215 pages : illustrations ; 24 cm.
Summary
This book reviews the periodic changes in the legal policies of the late-developing ASEAN countries, often known as the CLMV countries (Cambodia, Laos, Myanmar, and Vietnam), in their continuous path toward globalization after the collapse of the socialist bloc. The book also identifies the characteristics of the legal reforms in their present stage guided by the common framework under the ASEAN Economic Community (AEC) moving toward 2025. The first stage is illustrated by the ASEAN-style utilization of foreign investments as reflected in all investment laws and policies of CLMV countries in the 1990s, which featured entry control (as sticks) and investment incentives (as carrots). Those controls and incentives were the means to induce investors to assume various performance requirements to contribute to industrial policies. The second stage witnessed a shift toward enhanced liberalization as an endeavor toward the WTO accession during the 2000s, as seen in the integrated investment laws that appealed for the national treatment of foreign investors. At the same time, those investment laws emphasized the substantive provisions (e.g., fair and equitable treatment and indirect expropriation) and procedural protections (e.g., provision of InvestorState Dispute Resolution mechanisms) as an appeal for stabilization of the investment climate. The third stage of legal policy, as evidenced by the recent amendments to the investment laws, is newly focused on environmental and social considerations, which seems to be an indispensable response to the increasing social protests against the negative impacts of investment promotion. Simultaneously, the means of administrative controls over investors, established in the first stage, are uniquely utilized for the realization of new goals.
Format
Books
Language
English
Added to Catalog
September 02, 2023
Series
Kobe University monograph series in social science research.
Bibliography
Includes bibliographical references and index.
Contents
Intro
About This Book
Introduction
Contents
Editors and Contributors
List of Figures
List of Tables
1 Foreign Direct Investment Inflow and Investment Climate in ASEAN Least Developed Countries
1.1 Introduction
1.2 Comparison of Economic Size and Conditions in Four ASEAN Countries
1.3 Comparison of FDI Inflows Among ASEAN Least Developed Countries
1.3.1 Vietnam
1.3.2 Myanmar
1.3.3 Cambodia
1.3.4 Lao PDR
1.3.5 Summary of FDI Inflows
1.4 Issues on FDI Inflow Climate
1.4.1 Vietnam
1.4.2 Myanmar
1.4.3 Cambodia
1.4.4 Lao PDR.
1.5 Comparison of Human Capital
1.6 Comparison of Governance
1.7 Other Surveys
1.8 Other Determinants for FDI
1.9 Conclusion
References
2 Policy Choices in the Economic Law Reforms of ASEAN Emerging Economies: A Comparative Perspective
2.1 Introduction
2.2 Diversification of International Investment Rules
2.3 Investment Laws of the CLMV Countries: Changing Phases of Development Policies
2.4 Legal Development in the Third Phase
2.5 Conclusion
References
3 Comparative Approach to ASEAN Competition Policy and Law
3.1 Introduction.
3.2 Competition Laws in ASEAN
3.3 Legal Technical Assistance on Competition Law to ASEAN
3.4 Challenges of ASEAN Competition Policy and Law
3.5 Important Issues on ASEAN Competition Policy and Law
3.6 Concluding Remarks
References
4 Characteristics of Labour Disputes Resolution in the Four ASEAN Least Developed Countries
4.1 Introduction
4.2 Vietnam
4.3 Laos
4.4 Cambodia
4.5 Myanmar
4.6 Conclusion
References
5 Development of Consensual Dispute Resolution Procedures in Vietnam: An Aspect of Legal Development Support and the Development of ADR.
5.1 Introduction-Development of Consensual Dispute Resolution Procedures
5.2 Vietnam's Civil Procedure Code and Settlement
5.2.1 History Prior to the 2004 Civil Procedure Code: Settlements Under the Ordinance on Procedures for Settlement of Civil Cases and Other Laws
5.2.2 The 2004 Civil Procedure Code and Settlement
5.2.3 Settlements Under the 2011 Amended Code
5.2.4 Settlements Under the 2015 Amended Code
5.3 'Grassroots Settlement' in Vietnam
5.3.1 'Grassroots Settlement' and Its Context
5.3.2 Overview of the 'Grassroots Settlement' System.
5.3.3 The Current Situation and Outlook
5.4 Vietnam's "Law on Mediation and Dialogue at Court"
5.4.1 Background History
5.4.2 Overview of the Mediation and Dialogue Law
5.4.3 The Current Situation and Outlook
5.5 Conclusion-Outlook on the 'Rule of Law' and Consensual Dispute Resolution Procedures
References
6 Asset Preservation Procedures and Compulsory Execution as Basic Framework for Debt Recovery in the ASEAN Late-Developing Countries
6.1 Introduction
6.2 Asset Preservation Procedures (Provisional Seizure Procedures)
6.2.1 Vietnam
6.2.2 Indonesia.
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