Chapter 6 The possibility of structural regional reform: conceptualising a regional ASEAN Investment Tribunal
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Chapter 6 focuses on the possibility of regional structural reform within ASEAN through the establishment of an Investment Tribunal. Five relevant factors for the establishment of an Investment Tribunal are examined: its modalities, efficacy, feasibility, advantages and interaction with other instruments. Four permutations of an Investment Tribunal are identified. Certain permutations are likely to be more efficacious than others for some types of concerns and able to address concerns of ASEAN member states that cannot be addressed by other reforms (structural and non-structural). Nevertheless, it appears that an Investment Tribunal may not be able to garner sufficient political support within ASEAN or with some of ASEAN's FTA partners. Chapter 6 concludes by considering the relationship between an ASEAN Investment Tribunal with RCEP and the possible establishment of an MIC. It is pointed out that both may ultimately make certain permutations of an Investment Tribunal unattractive or redundant.

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