Jurnal Poros Hukum Padjadjaran
Vol. 4 No. 2 (2023): JURNAL POROS HUKUM PADJADJARAN

ASEAN INVESTMENT DISPUTE SETTLEMENT MECHANISM THROUGH REGIONAL INVESTMENT COURT FRAMEWORK

Vida Azaria (Master of Legal Studies Program, Universitas Padjadjaran)
Prita Amalia (Universitas Padjadjaran)

Article Info

Publish Date
11 Jun 2023

Abstract

In this paper, the authors provide an overview and comparison of the ASEAN dispute settlement mechanism (DSM) in the 2004 Protocol on EDSM and the ASEAN Comprehensive Investment Agreement (ACIA 2009) and review ASEAN's experience with investor-state dispute settlement (ISDS). The paper then examines the challenges and possibilities of restructuring ASEAN DSM through a Regional Investment Court. This includes discussing the potential benefits and drawbacks of such restructuring and its potential implications for regional integration. Finally, the paper offers some thoughts on possible future developments in this area, including the potential impact of a Regional Investment Court on the overall stability and effectiveness of the ASEAN DSM.

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Journal Info
Jurnal Poros Hukum Padjadjaran
Website

Abbrev

jphp

Publisher

Universitas Padjadjaran

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Poros Hukum Padjadjaran (JPHP) publishes peer-reviewed public and private law articles from scholars, policy makers, and legal practitioners. The majority parts of the journal focus on national related issues; other parts focus on comparative and transnational law issues, to stand on ...