This Article probes the unique ontogenetic path of ASEAN’s regulation of foreign investment by juxtaposing global investment law with the ASEAN investment regime. While the former delivers a powerful heuristic on isomorphism that ASEAN exhibits in its strong reflection of global investment norms, the latter sheds critical light on ideological and analytical blind spots by exploring distinct heterogeneities in ASEAN’s investment regulation. Those heterogeneities, especially preferences towards non-legal forms of cooperation and tailored flexibilities to pursue public and development outcomes, are not simply outliers, but reflect important historical and cultural values inherent to ASEAN and its members. The insights uncovered in this Article invite scholars and policymakers to define a new form of global investment law that is more inclusive and flexible than the strict and conventional paradigm.
Cho, Sungjoon and Kurtz, Jürgen
"The Limits of Isomorphism: Global Investment Law and the ASEAN Investment Regime,"
Chicago Journal of International Law:
2, Article 1.
Available at: http://chicagounbound.uchicago.edu/cjil/vol17/iss2/1