Investor Protection in South East Asian BITs: A comparative Analysis of Model BITs of the ASEAN Countries

Abstract

This research paper provides a comparative analysis of investor protection within the bilateral investment treaties (BITs) of ASEAN countries. It examines key provisions like fair and equitable treatment (FET), expropriation clauses, and investor-state dispute settlement (ISDS) mechanisms. The analysis highlights differences in the approach to investment protection, balancing foreign investor rights with state sovereignty across countries such as Singapore, Indonesia, and Vietnam. Additionally, the regional ASEAN Comprehensive Investment Agreement (ACIA) and its role in promoting investment are explored. The paper underscores the evolving nature of BITs in Southeast Asia to adapt to global investment trends. The laws of the host state and the investor's home country, the agreement between the host state and the investor, and the guidelines and precepts of international investment law are the three legal frameworks that apply to foreign investment. When interpreting an investment agreement or arbitrating a dispute, these three sources of law must be examined collectively since they interact with one another.