Investment Protection and Environmental Governance
The EU-Vietnam IPA in Light of Emerging Economies
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Beschreibung
This book explores key innovations in the EU-Vietnam Investment Protection Agreement that shape Vietnam’s ability to regulate for environmental protection—an essential pillar of sustainable development. It places this regulatory power within Vietnam’s broader historical and developmental context, offering analysis relevant to emerging economies.
Rather than assessing all levels of investment protection, the book focuses on specific provisions that support a host state’s ability to adopt environmental and sustainable development measures. It examines how these clauses function in practice and the challenges they present, especially for developing countries.
Existing literature often addresses investment protection in abstract or general terms. This book takes a more grounded approach, exploring how broad principles interact with Vietnam’s legal capacity, policy needs, and developmental constraints. It argues that divergence from generalised assumptions is not a contradiction, but a reflection of differentiated conditions, including environmental urgency, institutional capacity, and the risk of “regulatory chill,” where states may hesitate to act for fear of investor claims.
The book offers practical insights for negotiators, policymakers, and legal practitioners involved in foreign investment governance, especially in emerging economies. It also serves as a valuable reference for scholars and stakeholders - particularly in the EU - seeking to understand the regulatory priorities and limitations of their partners.
This book explores key innovations in the EU-Vietnam Investment Protection Agreement that shape Vietnam’s ability to regulate for environmental protection—an essential pillar of sustainable development. It places this regulatory power within Vietnam’s broader historical and developmental context, offering analysis relevant to emerging economies.
Rather than assessing all levels of investment protection, the book focuses on specific provisions that support a host state’s ability to adopt environmental and sustainable development measures. It examines how these clauses function in practice and the challenges they present, especially for developing countries.
Existing literature often addresses investment protection in abstract or general terms. This book takes a more grounded approach, exploring how broad principles interact with Vietnam’s legal capacity, policy needs, and developmental constraints. It argues that divergence from generalised assumptions is not a contradiction, but a reflection of differentiated conditions, including environmental urgency, institutional capacity, and the risk of “regulatory chill,” where states may hesitate to act for fear of investor claims.
The book offers practical insights for negotiators, policymakers, and legal practitioners involved in foreign investment governance, especially in emerging economies. It also serves as a valuable reference for scholars and stakeholders - particularly in the EU - seeking to understand the regulatory priorities and limitations of their partners.
Analyzes EVIPA's impact on Vietnam's regulatory autonomy for environmental protection Reveals limitations in Vietnam's current FDI and environmental management frameworks Proposes policy implications and key considerations for Vietnam & emerging economies to align FDI with SDGs
Autor*in
Nguyen Thi Lan Huong
Themen in »Investment Protection and Environmental Governance«
EU-Vietnam Investment Protection Agreement (EVIPA) regulatory authority right to regulate indirect expropriation fair and equitable treatment (FET) general exceptions preamble BITs investment protection sustainable development environmental protection ISDS Investment Court System regulatory chill FDI