Non-discrimination between Foreign and Domestic Investment in ASEAN

The first version of the current Association of South East Asian Nations (ASEAN) was formed in August 1967. Since that time, ASEAN has grown from a political conglomeration into a strong economic community of ten nations. As ASEAN looks forward to 2015 for the full establishment of the ASEAN Economic Community (AEC), this article examines the legal instruments forming the foundation of ASEAN, particularly the ASEAN Comprehensive Investment Agreement (ACIA) 2009. The article examines ASEAN's instruments and vision in the context of an important international law protection granted to foreign investors: that against discrimination, embodied typically in national treatment and most favoured nation (MFN) standards of protection in international investment treaties. The article studies interpretations and understanding of these standards from other jurisdictions in arbitrations arising from similar bilateral and multilateral investment and trade agreements. It also studies the dispute resolution processes applicable to the ACIA, and how these standards can be and are being implemented in ASEAN today.