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

The paper analyzes Myanmar's current investment treaty landscape, noting that the country has seven treaties in force and one pending with Japan. It highlights significant variations between ASEAN-negotiated treaties and bilateral investment treaties (BITs), which complicates government compliance. A critical finding is that most-favoured nation (MFN) clauses may force Myanmar to grant a combination of benefits to investors that exceeds the terms of any single treaty. Additionally, with the exception of the Myanmar-Philippines BIT, all treaties allow foreign investors to pursue binding monetary awards against the state through investor-state arbitration.

• Myanmar has seven investment treaties currently in force, with an eighth treaty with Japan potentially entering into force soon. These treaties cover relationships with 15 countries across East, South-East and South Asia, and Oceania.
• There is a high degree of variation between Myanmar's ASEAN-negotiated investment treaties and its bilateral investment treaties (BITs) regarding the types and drafting of provisions. This inconsistency creates complex legal obligations and complicates the government's ability to comply with these treaties.
• Most-favoured nation (MFN) clauses in Myanmar's treaties may require the state to extend benefits granted to one foreign investor to others, potentially resulting in a total package of benefits more generous than any individual treaty provides.
• Except for the treaty with the Philippines, all of Myanmar's investment treaties permit foreign investors to bring claims directly to investor-state arbitration, which can result in binding monetary awards against the state.

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} }