Any ASEAN state that directly or indirectly expropriates acia-protected investments is required to provide adequate and effective compensation to the investors concerned without delay, in accordance with the law. Compensation must be fully achievable and transferable between ASEAN Member States and correspond to fair value on the date of the announcement or fair value. Expropriations are only permitted if they are carried out for public purposes and in a non-discriminatory manner. CFIA Section 142, Article 17, paragraph 1, which deals with environmental measures, is similar to the “general exception clauses” contained in other AIs, such as the Energy Charter Treaty, Article 24, and the Canadian ILO model, Article 10, online: . 9 Ibid. at 88-89. See also Sornarajah, supra note 5 at 183-185. Another concern for investment contract arbitration procedures is: that the “new generation” of ILO has been completed in recent years, this may result in arbitration decisions inconsistent with the case law on the application of older bits: see UNCTAD, Investor-State Dispute Settlement and Impact on Investment Rulemaking, UNCTAD/ITE/IIA/IIA/2007/3 (Geneva: UNCTAD, 2007) at 92-93Goolargle. 92 Section 102, point (c), considers as one of the overall objectives of NAFTA that “investment opportunities in the territories of the contracting parties are significantly increased.” See Meg N.

Kinnear, Bjorklund, Andrea K. – Hannaford, John F.G., eds., Investment Disputes under NAFTA: An An An annotated Guide to NAFTA Chapter 11 (The Netherlands: Kluwer Law International, 2006), “General Section at 30-36Google Scholar.” 138 See Mulqueeny, Kala K., “Regionalism, Economic Integration and Legalization in ASEAN: What Space for Environmental Sustainability?” (2004) 8 Asia Pac. J. Envtl L. 5Google Scholar; Zhang, Ruosi, “Economic Integration and Environmental Protection in the Asia Pacific” (2001) 6 Asia Pac. J. Envtl L. 215CrossRefGoogle Scholar (both claim that ASEAN has tended to focus on trade/investment liberalization and regional economic integration, while the development of institutional guarantees of environmental sustainability and protection has been neglected). 102 See the ASEAN-Concord II Declaration, adopted by the Heads of State and Government on 7 October 2003, online: paragraph 1, paragraph 10; and the cebu declaration on accelerating the creation of an ASEAN community by 2015, signed by the Heads of State and Government in Cebu, Philippines, on 30 January 2007, online: >Google Scholar. 113 ASEAN, Haze Regional Action Plan (23 December 1997), online: focused on technical assistance and capacity building in the areas of prevention, surveillance and mitigation. Regarding THE different reactions of ASEAN to the 2002 tide, see z.B.

Qadri, abbreviated 105-58-61; Tay (1999), supra note 105 at 258-260. You can stay abreast of the latest business and investment trends across Asia by subscribing to Asia Briefing`s free update service with news, comments, guides and multimedia resources. 176 Joint communiqué of the 19th session of ASEAN labour ministers of 5 May 2, 2006, online: from paragraph 2. Criticism of ASEAN`s relative inaction on workers` and workers` rights, you will find in Chavez, Jenina Joy, “Social Policy in ASEAN: The Prospects for Integrating Migrant Labour Rights and Protection” (2007) 7 Global Social Policy 358 at 364-372CrosRegoflaro Scholargle. 149 Dolzer, Rudolf, “Indirect expropriations: new developments?” (2002) 11 Env. L.J. 64 to 79Google Scholar. See also Reinisch, “Expropriation,” supra note 143 at 444-447.