International Cooperation and Organizational Identities: The Evolution of the ASEAN Investment Regime

42 Pages Posted: 2 Jul 2016

See all articles by Sungjoon Cho

Sungjoon Cho

Chicago Kent College of Law

Jürgen Kurtz

University of Melbourne - Law School

Date Written: 2016

Abstract

This article first conceptualizes the ASEAN Investment Regime (AIR) as an Interstate Cooperative Regime (ICR), defined as a stable interstate cooperative nexus on a particular regulative subject, comprising the regulation of foreign investment in this particular case. It then seeks to explain the evolution of AIR in terms of its identity formation. In doing so, this article employs three ideal types of cultural logic - Hobbesian, Lockean and Kantian - across each stage of AIR’s evolution, largely overlapping with the three main IR theories of neorealism, neoliberal institutionalism and constructivism, respectively. Using those models, we find a clear evolutionary pathway with the AIR following this sequential trajectory as it has transitioned towards a closer, regional investment community. This article nonetheless concludes that AIR’s organizational development has not always been linear and that one can detect sovereigntist regressionism in certain areas.

Keywords: organizational identities, ASEAN, international investment law

JEL Classification: F21, K33

Suggested Citation

Cho, Sungjoon and Kurtz, Jürgen, International Cooperation and Organizational Identities: The Evolution of the ASEAN Investment Regime (2016). Northwestern Journal of International Law & Business, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2802628

Sungjoon Cho (Contact Author)

Chicago Kent College of Law ( email )

565 W. Adams St.
Chicago, IL 60661-3691
United States

Jürgen Kurtz

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia
613 8344 4770 (Phone)
613 8344 9971 (Fax)

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