Title Page
ABSTRACT
Contents
CHAPTER 1: INTRODUCTION 10
I. GENERAL INTRODUCTION 10
II. LEGAL ISSUES OF DISSERTATION 12
III. SCOPE AND LIMITATION OF DISSERTATION 13
CHAPTER 2: THE LEGAL ANALYSIS ON SCOPE OF THE AGREEMENT: THE INVESTMENT AND THE INVESTOR 14
1. THE ANALYSIS ON INVESTMENT AND INVESTORS UNDER ASEAN COMPREHENSIVE INVESTMENT AGREEMENT 14
1.1. Definition of Investment and Investor 15
CHAPTER 3: LEGAL STUDY ON PRINCIPLE OF NON-DISCRIMINATION UNDER ACIA COMPARE WITH TRANDITIONAL BITs 30
1. NATIONAL TREATMENT 30
2. MOST-FAVOURED-NATION TREATMENT 38
2.1. Most- Favoured-Nation and Pre-establishment Rights 41
2.2. MFN on Substantive Rights: ASEAN Sub-Regional Agreements 45
2.3. Standard of Comparison between Investor 46
2.3. Current ASEAN Member States BITs Subject to ACIA MFN 49
CHAPTER 4: LEGAL STUDY ON STANDARDS OF PROTECTION UNDER ACIA COMPARE WITH TRANDITIONAL BITs 54
1. PROTECTING INVESTORS AND INVESTMENTS 54
1.1. Fair and Equitable Treatment for ASEAN Investors 55
1.2. FULL PROTECTION AND SECURITY 64
1.3. EXPROPRIATION AND COMPENSATION 65
1.4. FREEDOM TO TRANSFER FUNDS 69
2. OTHER SUBSTANTIVE RULES 72
2.1. BALANCE OF PAYMENT 72
2.2. SUBROGATION 75
2.3. ENTRY, TEMPORARY STAY AND WORK OF INVESTORS AND KEY PERSONNEL 78
2.4. TRANSPARENCY 82
2.5. EXPECTION TO TRANSPARENCY 84
CHAPTER 5: DISPUTE SETTLEMENT MECHANISMS AND BENEFIT OF ACIA TO CAMBODIA INVESTMENT LAW. 86
1. INVESTOR-STATE DISPUTE SETTLEMENT MECHANISMS 92
1.1. Understanding Rule-Enhanced Procedures 95
2. STATE-TO-STATE DISPUTE SETTLEMENT MECHANISMS 113
2.1. General Practice of State-to-State Dispute Settlement Mechanisms 113
3. THE EVOLVING OF LEGAL FRAMEWORK ON INVESTMENT IN CAMBODIA 115
3.1. Cambodia Arbitration Law 115
CONCLUSION 118
REFRENCE 125