Abstract

http://ssrn.com/abstract=1724999
 
 

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Foreign Investment In and Out of Japan: Economic Backdrop, Domestic Law, and International Treaty-Based Investor-State Dispute Resolution


Shotaro Hamamoto


Kyoto University - Faculty of Law

Luke R. Nottage


University of Sydney - Faculty of Law; University of Sydney - Australian Network for Japanese Law

December 26, 2010

Transnational Dispute Management, Forthcoming
Sydney Law School Research Paper No. 10/145

Abstract:     
This paper provides the first-ever detailed analysis of the dispute resolution provisions contained in Japan’s burgeoning international investment treaties (BITs and FTAs or EPAs). That development is also located in the context of Japan’s inbound and outbound flows in foreign investment and the background domestic law limiting or protecting foreign investment, as well as an overview of the process by which the Japanese government negotiates these treaties. The paper concludes that the considerable diversity in treaty provisions (especially regarding investor-state arbitration or ISA) increases transaction costs for governments and investors, but leaves scope to develop some innovative provisions (eg on Arb-Med or transparency of proceedings) at a time of considerable debate over the pros and cons of ISA.

Our related paper focuses on the substantive provisions of Japan's investment treaties: forthcoming in Chester Brown and Devashish Krishan (eds) Commentaries on International Investment Agreements (OUP, 2011).

Number of Pages in PDF File: 60

Keywords: Japan, Trade and Investment Policy, Bilateral Investment Treaties (BITs), Free Trade Agreements (FTAs), International Economic Law, International Investment Law, International Arbitration, Foreign Investment Regulation, Constitutional Law, Japanese Law

JEL Classification: K01, K20, K30, K33

Accepted Paper Series


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Date posted: December 26, 2010 ; Last revised: July 27, 2011

Suggested Citation

Hamamoto, Shotaro and Nottage, Luke R., Foreign Investment In and Out of Japan: Economic Backdrop, Domestic Law, and International Treaty-Based Investor-State Dispute Resolution (December 26, 2010). Transnational Dispute Management, Forthcoming; Sydney Law School Research Paper No. 10/145. Available at SSRN: http://ssrn.com/abstract=1724999

Contact Information

Shotaro Hamamoto
Kyoto University - Faculty of Law ( email )
Yoshida-Honmachi
Sakyo-ku
Kyoto, 606-8501
Japan
Luke R. Nottage (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
University of Sydney - Australian Network for Japanese Law
Room 640, Building F10, Eastern Avenue
Sydney, NSW 2006
Australia
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