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Fostering sustainable development under the EU–Vietnam Investment Protection Agreement: a need for enhancing cooperation through support mechanisms

Dung Tran Viet () and Huong Nguyen Thi Lan ()
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Dung Tran Viet: International Law Faculty, Ho Chi Minh City University of Law
Huong Nguyen Thi Lan: International Law Faculty, Ho Chi Minh City University of Law

TalTech Journal of European Studies, 2025, vol. 15, issue 2, 193-210

Abstract: 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.

Keywords: EVIPA; general exceptions; IIA; Investment Court System; ISDS; right-to-regulate clause; sustainable development (search for similar items in EconPapers)
Date: 2025
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Persistent link: https://EconPapers.repec.org/RePEc:vrs:bjeust:v:15:y:2025:i:2:p:193-210:n:1013

DOI: 10.2478/bjes-2025-0028

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