Myanmar’s Investment Treaties: A review of legal issues in light of recent trends

This research paper reviews Myanmar's existing investment treaties, analyzing the legal and policy implications of their terms to inform potential reforms and future treaty negotiations.

• Myanmar has seven investment treaties currently in force, with an eighth treaty with Japan potentially entering into force soon. These treaties cover investment relationships with 15 countries located in Oceania, and East, South-East, and South Asia.
• Four of Myanmar's investment treaties were negotiated via or with ASEAN and cover 13 different countries. While these ASEAN-related treaties show some consistency, there is significant variation between them and Myanmar's bilateral investment treaties (BITs) regarding drafting and included provisions, which complicates government compliance and alters the extent of Myanmar's legal obligations.
• Most of Myanmar's investment treaties allow foreign investors to pursue claims directly through investor-state arbitration, resulting in binding monetary awards if a breach is found, with the sole exception of the Myanmar-Philippines BIT. Additionally, the presence of most-favoured nation (MFN) clauses may force Myanmar to grant a combination of benefits to investors that exceeds the generosity of any single treaty.

APA

Bonnitcha,, J. (2014). Myanmar’s Investment Treaties: A review of legal issues in light of recent trends. International Institute for Sustainable Development. https://www.iisd.org/publications/report/myanmars-investment-treaties-review-legal-issues-light-recent-trends

Chicago

Bonnitcha,, Jonathan. Myanmar’s Investment Treaties: A review of legal issues in light of recent trends. International Institute for Sustainable Development, 2014. https://www.iisd.org/publications/report/myanmars-investment-treaties-review-legal-issues-light-recent-trends.

Wikipedia

{{cite report |last1=Bonnitcha, |first1=Jonathan |title=Myanmar’s Investment Treaties: A review of legal issues in light of recent trends |publisher=International Institute for Sustainable Development |date=10 September 2014 |url=https://www.iisd.org/publications/report/myanmars-investment-treaties-review-legal-issues-light-recent-trends |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{bonnitcha2014myanmars, author = {Bonnitcha,, Jonathan}, title = {{Myanmar’s Investment Treaties: A review of legal issues in light of recent trends}}, institution = {International Institute for Sustainable Development}, year = {2014}, month = sep, url = {https://www.iisd.org/publications/report/myanmars-investment-treaties-review-legal-issues-light-recent-trends}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }