Multi-Tiered International Anti-Corruption Cooperation in Asia: A Review of Treaties and Prospects

Abstract

Effective international cooperation is essential for combating the pervasive and far-reaching problem of transnational corruption. This chapter focuses on the anti-corruption commitments and cooperation among Asian countries in the context of international investment. It firstly examines the legal framework against corruption in Asia at both the international and regional levels, encompassing both ‘hard law’ and ‘soft law’ instruments. In addition, the chapter presents a comprehensive analysis of the anti-corruption provisions in international investment agreements concluded by Asian countries. The review of these agreements reveals that provisions of direct anti-corruption obligations imposed on investors are still elusive among Asian investment agreements, whereas provisions that demonstrate states’ general commitments to combatting corruption are more common. The chapter highlights the importance of more nuanced treaty-making practices in addressing corruption, as well as the need to align commitments made under investment agreements with those of other international instruments aimed at tackling corruption.