Investment Protection and Environmental Governance

This book explores key innovations in the EU-Vietnam Investment Protection Agreement that shape Vietnam's ability to regulate for environmental protectionan 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

Autorentext

Nguyen Thi Lan Huong is the Deputy Head of the International Trade Law Department within the Faculty of International Law at Ho Chi Minh City University of Law. She holds a Master's degree in Law from Nagoya University (Japan) and earned her PhD in Law from the Faculty of Law, Criminal Justice, and Public Administration at the University of Lausanne, Switzerland. Dr. Huong's research and teaching focus on international trade and investment law, investorstate dispute settlement, and the nexus between trade and sustainable development. She is the author and co-editor of numerous scholarly publications, including textbooks, academic books, and peer-reviewed journal articles in the field of international trade-investment law.

Inhalt

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.- 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.