Asean Comprehensive Investment Agreement Commentary

679 (`VCLT`) assert that, since the AIA is a subsequent contract relating to the same subject matter as the IGA, the two contracts should be `read together, as complementary contracts to supplement the deficiencies and reinforce the proposals`. A „covered investment” under the CFIA is an investment that existed on March 29, 2012 or that was created, acquired or expanded after that date and that was authorized in accordance with the national laws, regulations and guidelines of each ASEAN Member State. Investments are defined as any type of asset held or under the control of an investor, including, but not limited to: 227 Van Harten, see note 11 to 139. Against this approach to „investor rights” in investment contract arbitration, Mr. Van Harten defends an interpretative framework of „public law” in which courts seek to become aware of broader regulatory concerns (ibid., 144). Apr. 12 – The ASEAN Comprehensive Investment Agreement (CFIA) entered into force on 29 March 2012 and aims to create a free and open investment environment by consolidating and expanding existing agreements between ASEAN member states. By replacing its two previous agreements, the ASEAN Investment Area (AIA) and the ASEAN Investment Guarantee (AIG), the CFIA is attempting to establish a regime based on international best practices, while expanding and reaffirming the principles set out in the AIA and IG. It thus provides comprehensive and clear definitions, in line with existing international agreements, and increases the attractiveness of ASEAN as the sole investment objective. 113 ASEAN, Regional Haze Action Plan (23 December 1997), online: focused on technical assistance and capacity building in the areas of prevention, monitoring and reduction.

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