Investment Laws of ASEAN Countries: A comparative review

The report analyzes investment laws in ASEAN countries, noting that not all members have a dedicated investment law and that such laws are only a small part of the broader regulatory regime. It distinguishes these laws from investment treaties, highlighting that ASEAN investment laws generally lack the vague investor rights and general consent to investor-state arbitration typically found in treaties.

• Investment laws are not universal across ASEAN member states, and where they exist, they may serve different functions; for instance, Singapore lacks an investment law despite its success in attracting foreign investment, while Malaysia and Thailand have laws focused specifically on incentives or restrictions respectively.
• Investment laws constitute only a small portion of the overall legal and regulatory environment governing investment in these countries, meaning they cannot be evaluated in isolation from the wider framework.
• ASEAN investment laws differ fundamentally from investment treaties by omitting vague investor rights and general consent to investor-state arbitration. Only the Myanmar Investment Law (2016) mentions "fair and equitable treatment" (FET), though it defines it differently than treaty tribunals do.

APA

Bonnitcha,, J. (2017). Investment Laws of ASEAN Countries: A comparative review. International Institute for Sustainable Development. https://www.iisd.org/publications/report/investment-laws-asean-countries-comparative-review

Chicago

Bonnitcha,, Jonathan. Investment Laws of ASEAN Countries: A comparative review. International Institute for Sustainable Development, 2017. https://www.iisd.org/publications/report/investment-laws-asean-countries-comparative-review.

Wikipedia

{{cite report |last1=Bonnitcha, |first1=Jonathan |title=Investment Laws of ASEAN Countries: A comparative review |publisher=International Institute for Sustainable Development |date=12 December 2017 |url=https://www.iisd.org/publications/report/investment-laws-asean-countries-comparative-review |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{bonnitcha2017investment, author = {Bonnitcha,, Jonathan}, title = {{Investment Laws of ASEAN Countries: A comparative review}}, institution = {International Institute for Sustainable Development}, year = {2017}, month = dec, url = {https://www.iisd.org/publications/report/investment-laws-asean-countries-comparative-review}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }