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Investment Laws of ASEAN Countries &
Contracts for Sustainable Infrastructure

Dear colleagues,

We would like to draw your attention to two new IISD reports which examine the investment laws of ASEAN countries and how to structure public-private partnership contracts in order to best develop sustainable infrastructure. 

Jonathan Bonnitcha conducted a comparative review of the investment laws of 10 Association of Southeast Asian Nations (ASEAN) member states.

He found that not every country has an investment law, and that these laws form only a small part of the legal and regulatory regime governing investment. Among ASEAN countries that do have investment laws, different countries’ laws have different functions, ranging from investment incentives to restrictions and conditions on foreign investment.

Among ASEAN countries, no country’s investment law includes the combination of vague investor rights commonly found in investment treaties, nor do any grant general consent to investor–state arbitration in their investment law.

Martin Dieter Brauch examines how public-private partnership contracts can be structured to ensure that sustainability criteria are embedded in the project from its inception.

This report seizes the opportunity missed by the World Bank Group’s guidance. Bridging IISD’s experience in public procurement and infrastructure finance and investment, it defines sustainable infrastructure, outlines its expected characteristics and co-benefits, and presents why governments must and how they can integrate sustainability into infrastructure contracts.

You may view Investment Laws of ASEAN Countries: a comparative review and Contracts for Sustainable Infrastructure: Ensuring the economic, social and environmental co-benefits of infrastructure investment projects on IISD's website.

We hope you find them useful and welcome your comments. 


Nathalie Bernasconi
Group Director, Economic Law and Policy Program
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