Fostering sustainable development under the EU–Vietnam Investment Protection Agreement: a need for enhancing cooperation through support mechanisms
The EU–Vietnam Investment Protection Agreement (EVIPA), signed by the parties in 2019, represents a significant shift from traditional investment treaties by integrating sustainable development objectives and explicitly recognizing the host state’s regulatory autonomy. The agreement also includes a...
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| Format: | Article |
| Language: | English |
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Sciendo
2025-06-01
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| Series: | TalTech Journal of European Studies |
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| Online Access: | https://doi.org/10.2478/bjes-2025-0028 |
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| _version_ | 1849425042969985024 |
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| author | Dung Tran Viet Huong Nguyen Thi Lan |
| author_facet | Dung Tran Viet Huong Nguyen Thi Lan |
| author_sort | Dung Tran Viet |
| collection | DOAJ |
| description | The EU–Vietnam Investment Protection Agreement (EVIPA), signed by the parties in 2019, represents a significant shift from traditional investment treaties by integrating sustainable development objectives and explicitly recognizing the host state’s regulatory autonomy. The agreement also includes a number of provisions aimed at balancing investor protection with public policy goals. However, concerns persist regarding the clarity and effectiveness of these novel regulations for achieving this balance. The parties to the EVIPA have agreed to introduce a groundbreaking investment dispute settlement mechanism designed to enhance legal stability and clarity in the treaty’s interpretation and implementation. This study underscores the importance of prioritizing these mechanisms while addressing existing limitations in the regulatory framework, particularly concerning the right to regulate and exception clauses. |
| format | Article |
| id | doaj-art-7b32da1869134372836db44c3c5ec7dc |
| institution | Kabale University |
| issn | 2674-4619 |
| language | English |
| publishDate | 2025-06-01 |
| publisher | Sciendo |
| record_format | Article |
| series | TalTech Journal of European Studies |
| spelling | doaj-art-7b32da1869134372836db44c3c5ec7dc2025-08-20T03:29:53ZengSciendoTalTech Journal of European Studies2674-46192025-06-0115219321010.2478/bjes-2025-0028Fostering sustainable development under the EU–Vietnam Investment Protection Agreement: a need for enhancing cooperation through support mechanismsDung Tran Viet0Huong Nguyen Thi Lan11International Law Faculty, Ho Chi Minh City University of Law1International Law Faculty, Ho Chi Minh City University of LawThe EU–Vietnam Investment Protection Agreement (EVIPA), signed by the parties in 2019, represents a significant shift from traditional investment treaties by integrating sustainable development objectives and explicitly recognizing the host state’s regulatory autonomy. The agreement also includes a number of provisions aimed at balancing investor protection with public policy goals. However, concerns persist regarding the clarity and effectiveness of these novel regulations for achieving this balance. The parties to the EVIPA have agreed to introduce a groundbreaking investment dispute settlement mechanism designed to enhance legal stability and clarity in the treaty’s interpretation and implementation. This study underscores the importance of prioritizing these mechanisms while addressing existing limitations in the regulatory framework, particularly concerning the right to regulate and exception clauses.https://doi.org/10.2478/bjes-2025-0028evipageneral exceptionsiiainvestment court systemisdsright-to-regulate clausesustainable development |
| spellingShingle | Dung Tran Viet Huong Nguyen Thi Lan Fostering sustainable development under the EU–Vietnam Investment Protection Agreement: a need for enhancing cooperation through support mechanisms TalTech Journal of European Studies evipa general exceptions iia investment court system isds right-to-regulate clause sustainable development |
| title | Fostering sustainable development under the EU–Vietnam Investment Protection Agreement: a need for enhancing cooperation through support mechanisms |
| title_full | Fostering sustainable development under the EU–Vietnam Investment Protection Agreement: a need for enhancing cooperation through support mechanisms |
| title_fullStr | Fostering sustainable development under the EU–Vietnam Investment Protection Agreement: a need for enhancing cooperation through support mechanisms |
| title_full_unstemmed | Fostering sustainable development under the EU–Vietnam Investment Protection Agreement: a need for enhancing cooperation through support mechanisms |
| title_short | Fostering sustainable development under the EU–Vietnam Investment Protection Agreement: a need for enhancing cooperation through support mechanisms |
| title_sort | fostering sustainable development under the eu vietnam investment protection agreement a need for enhancing cooperation through support mechanisms |
| topic | evipa general exceptions iia investment court system isds right-to-regulate clause sustainable development |
| url | https://doi.org/10.2478/bjes-2025-0028 |
| work_keys_str_mv | AT dungtranviet fosteringsustainabledevelopmentundertheeuvietnaminvestmentprotectionagreementaneedforenhancingcooperationthroughsupportmechanisms AT huongnguyenthilan fosteringsustainabledevelopmentundertheeuvietnaminvestmentprotectionagreementaneedforenhancingcooperationthroughsupportmechanisms |