Record Detail Back
Journal of International Trade Law and Policy: Provisions on frivolous claims in the European Union – Vietnam investment protection agreement – would they be benefits to Vietnam?
- Share to:
Abstract
Purpose – This paper aims to examine two issues: whether provisions on frivolous claims in the European
Union (EU)–Vietnam Investment Protection Agreement (EVIPA) would be Vietnam’s intrinsic demand, and
to what extent, Vietnam may enjoy the benefits from these provisions.
Design/methodology/approach – This paper combines both doctrinal legal analysis and policy
research. It offers an in-depth case study of the provisions on frivolous claims in the EVIPA, compares them
with those of other existing international investment agreements and arbitrations rules, examines how similar
provisions in these instruments are interpreted in available practical international investment disputes,
uncovers the Vietnam’s position through interviewing Vietnamese senior experts, who were members of the
Vietnamese delegation negotiating the EVIPA, and through available collected data and then evaluates
whether these provisions may be favourable to this country.
Findings – While the new investor-state dispute settlement (ISDS) mechanism in the EVIPA can be viewed as
explicit evidence of the EU’s achievement, it may also be Vietnam’s benefits to entertain new ISDS provisions on
frivolous claims. They were drafted, based on the ISDS arbitration practice, states’ experience and actual situations
in Vietnam. These novel provisions, among other things, serve as Vietnam’s prerequisites to consider whether to
accept the new two-tier standing mechanism or not. The inclusion of such ISDS provisions in the EVIPA, therefore,
is supposed to meet the Vietnam’s intrinsic demands for defending against unfounded frivolous cases.
Originality/value – This is the first time the EU concluded an investment treaty containing innovative
ISDS provisions with a developing country. This paper therefore may help envisage Vietnam’s perspective
during its negotiation of provisions on frivolous claims in the EVIPA and prove that the avails of these
provisions to a frequent respondent State like Vietnam can be realised. The paper’s findings mean for
research in investment law as well as for policymakers as far as the frivolous cases are concerned.
Tho Thi Anh Nguyen - Personal Name
NONE
Text
ENGLISH
EMERALD INSIGHT
2022
ENGLAND
JURNAL ILMU HUKUM
LOADING LIST...
LOADING LIST...
APA Citation
Tho Thi Anh Nguyen. (2022).Journal of International Trade Law and Policy:
Provisions on frivolous claims in
the European Union – Vietnam
investment protection
agreement – would they
be benefits to Vietnam?.(Electronic Thesis or Dissertation). Retrieved from https://localhost/etd