Investment Protection and Environmental Governance : The EU-Vietnam IPA in Light of Emerging Economies / by Nguyen Thi Lan Huong.

Format:

Book

Author/Creator:

Lan Huong, Nguyen Thi.

Series:

EYIEL Monographs - Studies in European and International Economic Law, 2524-6666 ; 47

Language:

English

Subjects (All):

Commercial law.

European Economic Community.

International law.

Trade regulation.

Asia--Economic conditions.

Asia.

European Economic Law.

International Economic Law, Trade Law.

Asian Economics.

Local Subjects:

European Economic Law.

International Economic Law, Trade Law.

Asian Economics.

Physical Description:

1 online resource (483 pages)

Edition:

1st ed. 2025.

Place of Publication:

Cham : Springer Nature Switzerland : Imprint: Springer, 2025.

Summary:

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.

Contents:

Introduction

Part I. Context and Theoretical Background

Navigating Environmental Concerns and Sustainability in Contemporary International Investment Agreements

Part II. Vietnam’s Policies and Legislation on FDI and Environmental Protection: A Continuing Journey

Vietnam’s Foreign Direct Investment Policy and Legislation Evolution

Vietnam’s Environmental Protection Policy and Legislation: Abundant but Ineffective

Part III. Exercising the Right to Protect the Environment under the EVIPA

The EU - Vietnam Trade and Investment Agreements: Preserving Regulatory Space for Environmental Protection

Expropriation and Indirect Expropriation Provisions under the EVIPA

Fair and Equitable Treatment Standard under the EVIPA

General Exception Clause under the EVIPA

Part IV. Harmonising Environmental Protection Goals in Foreign Direct Investment Management in Vietnam – Policy Implications

10 Regulatory Right under the EVIPA: Policy Implications and Key Considerations for Vietnam

Outlook.

Notes:

Description based on publisher supplied metadata and other sources.

ISBN:

9783032053329

OCLC:

1553140113