Appendix C 2009 Asean Comprehensive Investment Agreement

INTRODUCTION The Association of South East Asian Nations (ASEAN) has continued to pursue a free and open investment regime to promote more investment flows and investment integration in the region. On one hand, an increase in investment flows will sustain economic growth and improve social conditions in terms of employment and technology transfer. On the other, integration will create better investment environment with lower cost and time efficiency. Despite the global economic turbulence in 2008–09, the trend of foreign direct investment (FDI) inflows to ASEAN has continuously improved due to strong macroeconomic foundations, increasingly favourable investment climate, and improving policy environment in ASEAN. The attractiveness of ASEAN has considerably increased since the Blueprint of ASEAN Economic Community (AEC) was signed in November 2007. The Blueprint incorporates several high-impact agreements such as the ASEAN Trade in Goods Agreement (ATIGA), ASEAN Framework Agreement on Services (AFAS), and ASEAN Comprehensive Investment Agreement (ACIA). These agreements help create a more favourable economic environment for investors and traders in the region by increasing the region's attractiveness for investment, production and trade. Additionally, the ASEAN Agreement on the Movement of Natural Person (MNP) that was signed in November 2012 also aims to facilitate movement of businessmen and professionals in the region. Institutional capacity was also strengthened with the establishment of the ASEAN Investment Forum (AIF) in 2011, with the participation of lead investment agencies from each ASEAN country. Altogether, many regional measures have been undertaken to promote investment climate and strengthen the region's investment environment, resulting in a more free flow of investment across ASEAN. In addition to the regional initiatives, each ASEAN Member State (AMS) has also introduced measures to further improve their investment climate and facilitate investment flows, i.e., liberalizing their investment regimes, opening up more industries for investment, providing more attractive investment incentives, and simplifying investment procedures and taxation. This chapter aims to describe the transitional process of ASEAN's regional investment integration as well as its impacts on FDI flows in the region, both inflows and outflows. Empirical evidence are presented together with a discussion on the implications of ASEAN's efforts towards regional integration under the AEC initiatives and key deliverables. The availability of ASEAN investment data, particular the outflow foreign direct investment (OFDI), is limited.

INTRODUCTION In the past decades, the Association of Southeast Asian Nations (ASEAN) has evolved rapidly to become one of the key emerging regional institutions in the world. As one of its key agendas, ASEAN has promoted progressive regional integration alongside the reduction of the intra-regional development gap. The process of ASEAN integration has been wide-ranging and inclusive, leading to significant benefits to members, even the less-developed ones such as Cambodia, Lao PDR, Myanmar, and Vietnam (CLMV). Although the “CLMV growth story is one ASEAN success story with lessons … on the potential benefits of economic integration” (ERIA 2014), maintaining the momentum for further improvement is essential. The idea of the Regional Comprehensive Economic Partnership (RCEP) is not new. The initiative actually represents a continuation of the “Concentric Circle Strategy”, which gradually builds on ASEAN integration in the form of the ASEAN Economic Community (AEC) to be created by 2015 and ASEAN-plus integration with “ASEAN centrality”. The RCEP was initiated by ASEAN itself in 2011 with the Association's Framework for RCEP. In 2012, leaders of all sixteen economies — including ASEAN members, China, Japan, Korea, Australia, New Zealand, and India — supported and agreed to launch the RCEP negotiations. Fundamentally, the RCEP resembles the various efforts around the region for broader regional integration, such as the East Asian Free Trade Area (EAFTA) initiative by China and the Comprehensive Economic Partnership in East Asia (CEPEA) proposal by Japan. Since the RCEP originates from ASEAN's aspirations, a couple of natural questions arise. The first is whether the RCEP arrangement can be really effective for sustaining growth and narrowing the development gap in the CLMV countries. The second question is whether the RCEP can benefit from the AEC framework. In answering these questions, one may need to start by identifying their possible impacts on these member economies. Complications introduced by the new context of Asia-Pacific integration — i.e., the ongoing Trans-Pacific Partnership (TPP) negotiations — should also be considered carefully even though not all the CLMV countries participate directly in the process. These questions and issues constitute the main analytical focus of this chapter. The remainder of the chapter is structured as follows. Section 2 summarizes the main possible impacts of the RCEP on the CLMV countries.

используя уроки, извлеченные из Ассоциации государств Юго-Восточной Азии (АСЕАН), в данной статье исследуются возможности дальнейшей региональной интеграции в рамках Евразийского экономического союза (ЕАЭС). ЕАЭС может извлечь уроки из успешного опыта АСЕАН по содействию экономической интеграции посредством обширных торговых соглашений, стандартизация стандартов, институциональной прочности и регионального единства. Единое окно АСЕАН (ASW), Экономическое сообщество АСЕАН (AEC) и Зона свободной торговли АСЕАН (AFTA) являются некоторыми из основных особенностей интеграционных инициатив АСЕАН, которые подчеркивают важность снижения торговых барьеров, ускорения таможенных процессов и содействия сотрудничеству между странами-членами. Согласно исследованию, ЕАЭС должен придерживаться сопоставимой тактики, такой как расширение своих соглашений о свободной торговле (ССТ) с другими странами, заключение соглашений о взаимном признании и укрепление собственных организаций, таких как Евразийская экономическая комиссия (ЕЭК). Развитие регионального единства и кооперативных инициатив в таких отраслях, как энергетика, вместе с мерами по привлечению прямых иностранных инвестиций (ПИИ) также может значительно усилить экономическую интеграцию ЕАЭС. В отчете предполагается, что ЕАЭС может улучшить свой имидж как более конкурентоспособного и сплоченного экономического блока, извлекая уроки из опыта АСЕАН. using lessons learned from the Association of Southeast Asian Nations (ASEAN), this paper investigates the possibilities for further regional integration within the Eurasian Economic Union (EAEU). The EAEU may learn from ASEAN's successful experience promoting economic integration through extensive trade agreements, standardization of standards, institutional strength, and regional unity. The ASEAN Single Window (ASW), the ASEAN Economic Community (AEC), and the ASEAN Free Trade Area (AFTA) are some of the main features of ASEAN's integration initiatives that emphasize the significance of lowering trade barriers, expediting customs processes, and promoting collaboration among member nations. According to the research, the EAEU should pursue comparable tactics, such as enlarging its free trade agreements (FTAs) with other countries, putting mutual recognition agreements into place, and fortifying its own organizations, such as the Eurasian Economic Commission (EEC). The advancement of regional unity and cooperative initiatives in industries like infrastructure and energy, together with measures to draw in foreign direct investment (FDI), may also greatly strengthen the economic integration of the EAEU. The report suggests that the EAEU may enhance its image as a more competitive and cohesive economic bloc by drawing lessons from ASEAN's experience.

This article explores the Association of Southeast Asian Nations (ASEAN) initiatives, such as the ASEAN Free Trade Area, the ASEAN Economic Community, the ASEAN Comprehensive Investment Agreement, the ASEAN Trade in Goods Agreement and the Regional Comprehensive Economic Partnership, as well as Brazil, Russia, India, China and South Africa (BRICS) initiatives, including the New Development Bank, the Contingent Reserve Arrangement, the BRICS Business Council and the proposed BRICS payment system. The study seeks to answer three key questions: If BRICS adopts similar mechanisms and initiatives to those of ASEAN, would it become more relevant or attractive for ASEAN member states? Given that ASEAN was formed in 1967 and has taken nearly 50 years to develop its current mechanisms, structure and non-interference principle, can BRICS learn from this model to enhance its own regional cooperation and integration more effectively? What are the potential economic impacts and strategic considerations for ASEAN if more ASEAN member states join BRICS? The article concludes that while BRICS offers significant benefits and could potentially overshadow ASEAN, it is imperative for ASEAN to innovate and improve its mechanisms to remain relevant in the evolving geopolitical landscape.

The Association of Southeast Asian Nations (ASEAN) is pushing for closer economic integration to maintain its competitiveness as a free trade area in the world economy. The push is to transform, by 2015, the ASEAN Free Trade Area (AFTA) into the ASEAN Economic Community (AEC).The AEC would create a single market for goods, services, and investments and a single production base for the region. Closer economic integration, however, requires an effective system for the settlement of the kind of disputes that inevitably arise from the further liberalization of trade and investment. To this end, in 2004,ASEAN adopted the Protocol on Enhanced Dispute Settlement Mechanism, which establishes a near rule-based Dispute Settlement Mechanism for the ASEAN Free Trade Area (AFTA DSM). In the decade since its establishment, the AFTA DSM has never been invoked. This article explores the limitations and constraints of the AFTA DSM and proposes an arbitration model as the ideal method of conflict resolution for ASEAN and the eventual AEC.

This study tests the relationships of visitor spending, foreign direct investment in the tourism sector, and the gross domestic product (GDP) per capita among members of the Association of Southeast Asian Nations (ASEAN) during the period of 1988 to 2011 to prove the tourism-led growth hypothesis. The results of panel regression show that tourism-led growth hypothesis is valid for the ASEAN countries. Factors determining the GDP per capita in these countries are visitor spending, foreign investment and government consumption in tourism sector, human capital and trade openness. The results from this study suggest that the governments of the ASEAN countries are able to have effective growth policies by encouraging foreign direct investment in the tourism sector and improving their human capital. Therefore, ASEAN Economic Community (AEC) which will strengthen and facilitate investment cooperation and human capital developments in the tourism sector among ASEAN countries will have a significant benefit to economic growth in the region.

The Association of Southeast Asian Nations (ASEAN) Economic Community (AEC) was inaugurated in December 2015 with the primary aim of achieving a strong and prosperous community through accelerating economic integration. The notion of a single market, underpinned by the free flow of trade in services and skilled labour, is integral to the spirit of the AEC. To facilitate the intra-regional mobility of health professionals, Mutual Recognition Arrangements (MRAs) were signed, for nursing in 2006 and for medicine and dentistry in 2009, and now sit within the AEC objectives. This study examines the observed and potential impact of the health-related MRAs on health worker mobility within the region, particularly with regard to qualified doctors and nurses. To explore the available evidence, the authors undertook a narrative literature and document review, consistent with the RAMESES guidelines for qualitative research in international development and policy making in the area of health. Peer-reviewed articles and the grey literature from the period beginning in 2005 were reviewed. We find that the implementation of health-related MRAs has been slow and complex due to a number of barriers and challenges, such as resistance to the inflow of health professionals by the local workforce, shortcomings in the implementing mechanisms and an individual preference among health professionals for seeking better opportunities outside the region. Despite increasing worker mobility generally within ASEAN through formal and informal mechanisms, the MRAs themselves do not appear yet to have facilitated the freer movement of health workers. To strengthen health worker mobility, the full implementation of the health-related MRAs is essential, requiring support from broader trade and immigration policies and a stronger political commitment. Policy makers in ASEAN Member States will need to manage competing national interests in order to harness support for effective implementation.

Introduction:The Association of Southeast Asian Nations (ASEAN) recently launched its ASEAN Economic Community (AEC), which could potentially revolutionize the economic output in the region through free movement of goods, people, and capital across borders. At this stage, several trade barriers still exist which limit successes in AEC.Literature Review:This article assesses strategic opportunities, weaknesses, and threats to trade in the region, with a particular focus on logistics infrastructure. A review and analysis of the quality of land, air, and sea transportation networks is provided.Recommendations and Conclusion:Recommendations are made pertaining to customs and investment policies, security, safety, and infrastructure development. AEC is found capable of achieving its goals given that trade participants have adequate means by which they can deliver their goods.

This systematic literature review synthesizes peer-reviewed research to analyze the economic consequences of political instability in Myanmar following the 2021 military coup and examines the Association of Southeast Asian Nations (ASEAN)'s role in mitigating regional impacts. Employing the PRISMA 2020 framework, the study systematically identifies and evaluates relevant literature from Scopus-indexed journals and reports from key international institutions published between 2021 and 2025. The findings reveal that the coup triggered severe macroeconomic disruption, including sharp GDP contraction, inflation, and currency depreciation. It significantly disrupted trade flows and foreign direct investment, with notable spillover effects across ASEAN's integrated production networks due to supply chain interruptions and heightened political risk. The review further identifies a critical gap in ASEAN's response, highlighting that while the bloc has engaged diplomatically and provided humanitarian aid, its economic stabilization mechanisms—such as those under the ASEAN Economic Community (AEC)—remain underutilized. Institutional constraints rooted in consensus-based decision-making and the principle of non-interference limit decisive economic intervention. The study concludes that political instability in Myanmar represents a structural economic shock with regional ramifications, underscoring the urgent need for ASEAN to strengthen its economic governance frameworks and develop proactive, coordinated crisis management instruments to enhance regional resilience and support sustainable recovery in politically fragile member states.

ASEAN Economic Integration through Trade and Foreign Direct Investment: Long-Term Challenges

This essay is motivated by an interest in a particular aspect of Indonesian foreign policy. Indonesia�s foreign policy has been called upon to serve the goals of national development. The national development takes place within a regional and global environment. Indonesia�s most immediate environment is the sub-region of Southeast Asia, and for that reason the Association of Southeast Asian Nations (ASEAN), which remains the cornerstone of Indonesian foreign policy.
 ASEAN Community is a continuing process. It will continue to promote the expansion and then deepening of the implementation of ASEAN Community Blueprints beyond 2015. ASEAN Community Vision 2025 was approved and signed at ASEAN Summit Meeting, 21 � 22 November 2015 in Kualalumpur, Malaysia. In the mean time for Indonesia itself, there are some impediments in the implementation of Indonesia�s maritime nexus will continue to hedge against the ASEAN Economic Community as well as the major powers interests, especially with RCEP (Regional Comprehensive Economic Partnership led by ASEAN but heavily influence by China and the Trans Pacific Partnership that once led by the United States of America and seems abandon in Donald Trump era.
 The study reveals that he strategic implication of the above possible development appeals the need of new approaches to Indonesia. Some basic assumptions can be derived from the foregoing examination of Indonesian foreign policy concepts, a changing Asian strategic environment, and uncertainties of interdependence. It may be reasonable to assume that Indonesia has the capability to increasingly strengthen linkages among defense, security, and foreign policy aspects which leads to an adequate Indonesian national security policy.

BackgroundPoor HIV testing uptake by MSM may be attributable to unique challenges that are localized in Southeast Asia.ObjectiveTo characterize MSM who never tested for HIV, to identify correlates of never testing, and to elucidate the perceived barriers to HIV testing.MethodsThe present study used data from the Asian Internet MSM Sex Survey (AIMSS) and restricted the analysis to 4,310 MSM from the ten member countries of the Association of South East Asian Nations (ASEAN).ResultsAmong MSM participants from ASEAN in our sample, 1290 (29.9%) reported having never been tested for HIV, 471 (10.9%) tested for HIV more than 2 years ago, and 2186 (50.7%) reported their last test date was between 6 months and two years ago, with only 363 (8.4%) of these men having been tested in the past 6 months. In multivariable logistic regression, younger MSM (age 15–22 years old [AOR: 4.60, 95% CI: 3.04–6.96]), MSM with lower education (secondary school or lower [AOR: 1.37, 95% CI: 1.03–1.83]), MSM who identify as bisexual or heterosexual (compared to gay-identified) (AOR: 1.94, 95% CI: 1.60–2.35), and MSM who had never used a condom with male partners (AOR: 1.61, 95% CI: 1.32–1.97) had higher odds of never been HIV tested. Main reason for not being tested was a low risk perception of HIV exposure (n = 390, 30.2%).ConclusionCurrent HIV prevention response must not leave MSM “in the dark,” but instead meet them where they are by utilizing the Internet creatively through social media and smart phones. As ASEAN Economic Community (AEC) is quickly becoming a reality, so must there be an equally fast and united response to slowing down the HIV epidemics among MSM in ASEAN.

This article examines network governance (NG) within the context of the Association of Southeast Asian Nations (ASEAN) and its sectoral communities, specifically the ASEAN Economic Community, the ASEAN Political-Security Community, and the ASEAN Socio-Cultural Community. The goal is to explore NG’s importance in fostering cooperation among ASEAN member states and addressing regional challenges. The study begins by providing an overview of ASEAN and its objectives, highlighting the crucial role of NG in promoting collaboration and policymaking through ASEAN processes. It then offers a comprehensive literature review that evaluates the conceptual framework of NG and previous research related to its significance for ASEAN. The article further explores theories and scholarly works discussing NG within ASEAN, offering insights into key themes and discussions in the literature. Specific examples from the three sectoral communities are included based on an analysis of ASEAN NG mechanisms and structures. The evaluation of NG effectiveness in tackling regional challenges considers the contributions of state actors, such as government representatives and non-state actors (NSAs), including civil society organizations and private sector entities. This analysis reveals the inherent challenges and opportunities in implementing NG within ASEAN frameworks. It also underscores the importance of collaborative efforts between state actors and NSAs and the need for supportive institutional frameworks and mechanisms to enhance NG effectiveness in ASEAN. Overall, this article aims to deepen the understanding of NG within ASEAN, illuminating its role in promoting regional integration, addressing challenges, and advancing development across ASEAN’s three sectoral communities.

This appendix presents a list of Decisions and Awards relevant to the interpretation of investment treaties. The book explores the available law-making options for states to address these interpretive problems. It analyzes in depth the most feasible legislative solution that entails clarifications and modifications of traditional treaty language that has left much room for interpretation, which has therefore implied a reliance on adjudicators to solve the textual indeterminacy. It responds to the unintended and inconsistent interpretations of investment treaties, which are undermining the predictability and legitimacy of international investment law. Such interpretations lead to imbalanced enforcement of sovereign commitments and derivative private rights in the treaties.Keywords: international investment law; investment treaties; legitimacy; sovereign commitments

The ASEAN Economic Community (AEC) will be established in 2015 providing challenges both advantageous and otherwise to the agricultural economy of Thailand. The Marketing Organization for Farmers (MOF) intends to develop an integrative business model based on contract farming of native rice turned into a unique product. This study explored the unique agricultural product especially native rice Kiaw Ngu native glutinous rice variety (GS No. 8974) and the marketing channel of such product to prepare for the AEC market. The data of this study were collected from state organization’s experts and specialists who were selected for in-depth interviews and focus group discussion in Chiang Rai Province. Moreover, the MOF chose a contract farming system to promote this rice in its supply chain. The MOF expected to create a new market for this rice in the integrated market of AEC that will be expanded domestically and overseas especially in the neighboring countries such as Laos, Myanmar, the Philippines and Malaysia. Key words: Agricultural economics, Kiaw Ngu native glutinous rice, marketing channel, contract farming, Chiang Rai Province.