October 15th, 2021

Which Are The 4 Main Pillars Of The Asean Comprehensive Investment Agreement (Acia)

By JEREMY WARNE

To show that the CFIA is rules-based and promotes predictable investment rules, transparency is reflected in many provisions, and some of the requirements include: As a new agreement, the CFIA is not committed and must be fully encouraged. In this regard, policymakers, investors and academics need to have a better understanding of the CFIA. B such as the CFIA`s obligations regarding liberalization obligations through reservation lists, better protection through investor-state dispute settlement (ISDS) provisions, and the changes and benefits that can be expected from companies as a result of the CFIA. Under the CFIA, the investment also includes the amounts generated by the investments, including but not limited to profits, interest, capital gains, dividends, royalties and fees. Any change in the form in which assets are invested or reinvested will not affect their classification as an investment. The CFIA requires each Member State to allow all transfers relating to a covered investment to be made freely and promptly to and from its territory in a currency freely usable at the market exchange rate in effect at the time of the transfer. Transfers may include: Two previous ASEAN investment frameworks, the ASEAN Investment Areas Agreement (AEOI) and the Investment Guarantee Agreement (IGA), form the basis of the ASEAN Comprehensive Investment Agreement. The CFIA reinforces the two previous agreements in a number of areas by: Another GUIDING PRINCIPLE OF THE CFIA is to improve the transparency and predictability of investment rules, regulations and procedures conducive to increased investment. These include: Another valuable element of the CFIA is its investor-state dispute settlement (ISDS) mechanisms and the promotion of alternative methods of dispute settlement. ASEAN investors can resolve disputes through domestic courts and tribunals, through international arbitration, including ICDRC, UNCITRAL and other agreed rules, as well as alternative methods of dispute resolution: mediation, arbitration, and consultation and negotiation. A disputing investor must prove that it has suffered any loss or damage resulting from the breach of asEAN`s host Member State`s obligations under the CFIA with respect to the management, implementation, operation or sale or other disposal of a covered investment. .

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