SOVEREIGNTY, NATIONAL INTEREST AND SECURITY IN BILATERAL INVESTMENT TREATIES OF MALAYSIA

The bilateral investment treaties (BITs) have continued to play a significant role in regulating foreign direct investments (FDI) in many countries. Member countries of the World Trade Organization (WTO), including Malaysia, have signed BITs to facilitate trade among nations. Malaysia’s FDI laws and...

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Autores principales: Asmah Laili Haji Yeon, Mohammad Belayet Hossain, Ahmad Shamsul Abdul Aziz
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Lenguaje:EN
Publicado: UUM Press 2020
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Acceso en línea:https://doaj.org/article/acab80723609493b8c463fc68c21355c
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spelling oai:doaj.org-article:acab80723609493b8c463fc68c21355c2021-11-15T08:21:17ZSOVEREIGNTY, NATIONAL INTEREST AND SECURITY IN BILATERAL INVESTMENT TREATIES OF MALAYSIA10.32890/jis2020.16.31823-691Xhttps://doaj.org/article/acab80723609493b8c463fc68c21355c2020-12-01T00:00:00Zhttp://e-journal.uum.edu.my/index.php/jis/article/view/jis2020.16.3https://doaj.org/toc/1823-691XThe bilateral investment treaties (BITs) have continued to play a significant role in regulating foreign direct investments (FDI) in many countries. Member countries of the World Trade Organization (WTO), including Malaysia, have signed BITs to facilitate trade among nations. Malaysia’s FDI laws and BITs were established to protect foreign investors, however, neither legislation had provided specific provisions on the protection of sovereignty, national interest and security. This study was conducted to address the question; to what extent are sovereignty, national interest and security protected through BITs upon the introduction of FDI into Malaysia? This study employed a non-doctrinal socio-legal research methodology, whereby the authors analyzed 15 BITs between Malaysia and other countries to explore the provisions that pertains to the protection of sovereignty, national interest and security in Malaysia. The findings conclude that the existing Malaysian BITs contain provisions to promote and protect foreign investments, however, lacked the necessary provisions on the protection of sovereignty, national interest and security. Therefore, the government should reconsider these important factors when signing future BITs. Asmah Laili Haji YeonMohammad Belayet HossainAhmad Shamsul Abdul AzizUUM Pressarticlebilateral investment treatiessovereigntynational interest and securityfdimalaysiaInternational relationsJZ2-6530ENJournal of International Studies, Vol 16, Pp 39-58 (2020)
institution DOAJ
collection DOAJ
language EN
topic bilateral investment treaties
sovereignty
national interest and security
fdi
malaysia
International relations
JZ2-6530
spellingShingle bilateral investment treaties
sovereignty
national interest and security
fdi
malaysia
International relations
JZ2-6530
Asmah Laili Haji Yeon
Mohammad Belayet Hossain
Ahmad Shamsul Abdul Aziz
SOVEREIGNTY, NATIONAL INTEREST AND SECURITY IN BILATERAL INVESTMENT TREATIES OF MALAYSIA
description The bilateral investment treaties (BITs) have continued to play a significant role in regulating foreign direct investments (FDI) in many countries. Member countries of the World Trade Organization (WTO), including Malaysia, have signed BITs to facilitate trade among nations. Malaysia’s FDI laws and BITs were established to protect foreign investors, however, neither legislation had provided specific provisions on the protection of sovereignty, national interest and security. This study was conducted to address the question; to what extent are sovereignty, national interest and security protected through BITs upon the introduction of FDI into Malaysia? This study employed a non-doctrinal socio-legal research methodology, whereby the authors analyzed 15 BITs between Malaysia and other countries to explore the provisions that pertains to the protection of sovereignty, national interest and security in Malaysia. The findings conclude that the existing Malaysian BITs contain provisions to promote and protect foreign investments, however, lacked the necessary provisions on the protection of sovereignty, national interest and security. Therefore, the government should reconsider these important factors when signing future BITs.
format article
author Asmah Laili Haji Yeon
Mohammad Belayet Hossain
Ahmad Shamsul Abdul Aziz
author_facet Asmah Laili Haji Yeon
Mohammad Belayet Hossain
Ahmad Shamsul Abdul Aziz
author_sort Asmah Laili Haji Yeon
title SOVEREIGNTY, NATIONAL INTEREST AND SECURITY IN BILATERAL INVESTMENT TREATIES OF MALAYSIA
title_short SOVEREIGNTY, NATIONAL INTEREST AND SECURITY IN BILATERAL INVESTMENT TREATIES OF MALAYSIA
title_full SOVEREIGNTY, NATIONAL INTEREST AND SECURITY IN BILATERAL INVESTMENT TREATIES OF MALAYSIA
title_fullStr SOVEREIGNTY, NATIONAL INTEREST AND SECURITY IN BILATERAL INVESTMENT TREATIES OF MALAYSIA
title_full_unstemmed SOVEREIGNTY, NATIONAL INTEREST AND SECURITY IN BILATERAL INVESTMENT TREATIES OF MALAYSIA
title_sort sovereignty, national interest and security in bilateral investment treaties of malaysia
publisher UUM Press
publishDate 2020
url https://doaj.org/article/acab80723609493b8c463fc68c21355c
work_keys_str_mv AT asmahlailihajiyeon sovereigntynationalinterestandsecurityinbilateralinvestmenttreatiesofmalaysia
AT mohammadbelayethossain sovereigntynationalinterestandsecurityinbilateralinvestmenttreatiesofmalaysia
AT ahmadshamsulabdulaziz sovereigntynationalinterestandsecurityinbilateralinvestmenttreatiesofmalaysia
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