International Investment Dispute Resolution in Vietnam: Opportunities and Challenges

2017 ◽  
Vol 18 (5-6) ◽  
pp. 918-941
Author(s):  
Manh Dzung Nguyen ◽  
Thi Thu Trang Nguyen
Keyword(s):  
Human Resources ◽  
Dispute Resolution ◽  
Legal System ◽  
Legal Framework ◽  
International Investment ◽  
Global Market ◽  
Foreign Investors ◽  
Investment Treaty ◽  
Challenges And Opportunities ◽  
The Government

Abstract Integration into the global market brings both challenges and opportunities for the Vietnamese legal system. As investment dispute prevention and settlement has not received much attention from the Vietnamese government, Vietnam experienced difficulties in dispute resolution when faced with investment claims. The reluctance to recognise and enforce foreign arbitral awards in Vietnam to protect local parties has resulted in a number of commercial disputes escalating into investment treaty claims. These experiences have, however, allowed Vietnam to identify defects in its legal framework, human resources and governance, and prompted the government to take measures to reduce the risk of being sued by foreign investors. Even though the effectiveness of these measures has not yet been proven, investment disputes have brought opportunities as well as challenges for Vietnam.

scholarly journals The Security of International Investments: a Synthesis of Impacts on Public Policies and Domestic Law of Host States

2021 ◽  
Author(s):  
◽  
Livia Costanza
Keyword(s):  
Public Policies ◽  
Legal Framework ◽  
International Investment ◽  
Public And Private ◽  
Foreign Investors ◽  
International Investment Law ◽  
Investment Treaty ◽  
Investment Law ◽  
Investment Treaties ◽  
Domestic Law

<p>The subject of this dissertation is the relationship between the protection of foreign investors' investments under international investment law and the domestic law of host states. Two questions arise in this connection. First, is the promotion and protection of investments comprised in investment agreements compatible with states' domestic law? Second, public policies of host states may appear to be in contradiction with an increased international security of investments. When such a conflict is challenged by foreign investors, what are the consequences for both parties? In general, investments are transactions that are private in nature, whose aim is to generate a positive rate of return. Investments can have pervasive consequences on countries' welfare, including, for example, the consequences on sustainable development; the use and protection of natural resources; and employment, to name a few. It is the role of the governments to balance these sometimes conflicting public and private interests. As of today, it seems that the regime established according to investment treaties does not strike an appropriate balance between the various interests concerned. After a brief look at the legal framework protecting foreign investments, the conflict areas between investment treaty provisions and domestic public policies of host states are explored through an empirical analysis of some case studies and recent arbitrations. Finally, this dissertation holds that, at a substantive level, investment law is a part of international law. Thus it must be consistent with its norms and it has to be interpreted in accordance with customary rules of treaty interpretation. The dissertation concludes by suggesting the creation of a state-investor relationship and advocates, in part, the establishment of development objectives in investment treaties as well as the inclusion of rights and obligations for all parties involved.</p>

scholarly journals The Security of International Investments: a Synthesis of Impacts on Public Policies and Domestic Law of Host States

2021 ◽  
Author(s):  
◽  
Livia Costanza
Keyword(s):  
Public Policies ◽  
Legal Framework ◽  
International Investment ◽  
Public And Private ◽  
Foreign Investors ◽  
International Investment Law ◽  
Investment Treaty ◽  
Investment Law ◽  
Investment Treaties ◽  
Domestic Law

<p>The subject of this dissertation is the relationship between the protection of foreign investors' investments under international investment law and the domestic law of host states. Two questions arise in this connection. First, is the promotion and protection of investments comprised in investment agreements compatible with states' domestic law? Second, public policies of host states may appear to be in contradiction with an increased international security of investments. When such a conflict is challenged by foreign investors, what are the consequences for both parties? In general, investments are transactions that are private in nature, whose aim is to generate a positive rate of return. Investments can have pervasive consequences on countries' welfare, including, for example, the consequences on sustainable development; the use and protection of natural resources; and employment, to name a few. It is the role of the governments to balance these sometimes conflicting public and private interests. As of today, it seems that the regime established according to investment treaties does not strike an appropriate balance between the various interests concerned. After a brief look at the legal framework protecting foreign investments, the conflict areas between investment treaty provisions and domestic public policies of host states are explored through an empirical analysis of some case studies and recent arbitrations. Finally, this dissertation holds that, at a substantive level, investment law is a part of international law. Thus it must be consistent with its norms and it has to be interpreted in accordance with customary rules of treaty interpretation. The dissertation concludes by suggesting the creation of a state-investor relationship and advocates, in part, the establishment of development objectives in investment treaties as well as the inclusion of rights and obligations for all parties involved.</p>

6 Umbrella Clause and Investment Contracts

2009 ◽  
Author(s):  
Gallagher Norah ◽  
Shan Wenhua
Keyword(s):  
Dispute Resolution ◽  
Joint Venture ◽  
International Investment ◽  
Foreign Investors ◽  
Bilateral Investment Treaty ◽  
Investment Treaty ◽  
Legal Effect ◽  
Petroleum Resources ◽  
The Impact ◽  
Multilateral Treaty

The “umbrella clause” takes its name from its main objective, namely to oblige the host state to observe any commitments it has entered into with regard to foreign investors. The clause brings such obligations of the state under the protection of an applicable international investment treaty, bilateral investment treaty (BIT), or multilateral treaty. This chapter begins by reviewing the evolution of the umbrella clause and how it has been applied by investment treaty tribunals. It then examines the main variants of umbrella clauses in Chinese BITs and discusses their legal effect in light of this recent jurisprudence. It moves on to analyze the impact, if any, of these clauses on investment contracts in China, including joint venture contracts, joint exploitation of onshore and offshore petroleum resources contracts, and build-operate-transfer contracts. The chapter concludes with an analysis of the implications of umbrella clauses and investment contracts on dispute-resolution planning for foreign investors.

Introduction to Investment Treaty Arbitration (ITA) and Framing the Debate

2019 ◽  
pp. 1-24
Author(s):  
Susan D. Franck
Keyword(s):  
Cognitive Psychology ◽  
Dispute Resolution ◽  
International Investment ◽  
Data Driven ◽  
Evidence Based ◽  
Policy Options ◽  
Costs And Benefits ◽  
Investment Treaty ◽  
Relative Value

Chapter 1 introduces the contents of the book by framing the context of international investment more broadly, contextualizing investment-related conflict management, identifying the issues related to cost, and exploring how cognitive psychology and data-driven analysis can offer a frame for considering the relative value of normative reform. After the initial framing, Chapter 1 provides an overview of international investment, with a historic context and a matrix for understanding the current dispute resolution options to set the stage for consideration of alternatives. It then describes ITA’s doctrinal foundation to explore the debate about the costs and benefits of ITA. The final section addresses the need to appreciate the relative value of policy options to make grounded, evidence-based normative choices for investment treaty dispute resolution.

scholarly journals Constitutionality of the Colombia-France Bilateral Investment Treaty

2020 ◽  
Vol 114 (3) ◽  
pp. 471-478
Author(s):  
Rafael Tamayo-Álvarez
Keyword(s):  
International Investment ◽  
Constitutional Court ◽  
Investment Treaty ◽  
Adverse Impacts ◽  
International Investment Agreements ◽  
The Government ◽  
Benefits And Costs ◽  
Investment Agreements ◽  
Practical Implications

In a judgment issued on June 6, 2019 (Judgment), the Colombian Constitutional Court (Court) examined the constitutionality of the Agreement for the Reciprocal Promotion and Protection of Investments between Colombia and France (Agreement). The Court upheld the constitutionality of the Agreement on the condition that the government adopt a joint interpretative statement with France to clarify some of its provisions and prevent interpretations contrary to the Colombian constitutional order. In doing so, the Court articulated a standard of review that takes into account the benefits and costs of international investment agreements (IIAs), the application of which entailed an insightful examination of the Agreement in light of the decisions of investment tribunals. The judgment raises significant issues of public international law, including the practical implications of conditioning ratification of the Agreement on adoption of a joint interpretative statement and the role of such statements in the interpretation of IIAs. Furthermore, the judgment makes important contributions to the ongoing process of reform of the investment treaty regime and the strategies adopted by states to counter the adverse impacts of IIAs on regulatory autonomy.

Defining Investment Under the ICSID Convention and BITs: Of Ordinary Meaning, Telos, and Beyond

2012 ◽  
Vol 2 (2) ◽  
pp. 267-290 ◽  
Author(s):  
Mavluda SATTOROVA
Keyword(s):  
Legal Framework ◽  
International Investment ◽  
Trade Law ◽  
International Trade Law ◽  
Investment Treaty ◽  
Ordinary Meaning ◽  
Objectivist Theory ◽  
Definition Of ◽  
Meaningful Definition

A number of commentators, including Michael Hwang and Jennifer Fong who were featured in a recent issue of this journal,1 have contributed to an ongoing debate about the definition of investment by expressing their support for an objectivist theory or the “outer limits” approach as advocated inSalini v. Morocco.However, this article argues that neither theSalinitest nor the rival subjectivist theory can offer an internally consistent and viable legal framework for determining the existence of an investment. After critically examining existing approaches to defining investments in arbitral practice, international investment treaties, European Union (EU) law, and international trade law, the article considers the role of ordinary and effective interpretation and a telos behind investment treaty instruments in coining a meaningful definition.

scholarly journals OTONOMI DAERAH: KAJIAN KESIAPAN DUNIA USAHA DAN BIROKRASI

2017 ◽  
Vol 4 (1) ◽  
pp. 10
Author(s):  
Ihwan Susila
Keyword(s):  
Developing Countries ◽  
Human Resources ◽  
Economic System ◽  
Public Service ◽  
Global Market ◽  
Technology Change ◽  
Local Society ◽  
Regional Autonomy ◽  
The Government

Decentralization is the reflection of economic and politic reformation. The politic change in developing countries in the last decade shows the tendency that local government has the authority to public service in the local society. Due to technology change and integration in the global market, it is a big demand for the government to control the politic and economic system in the country. The regional autonomy has two different effects. The regional autonomy, however gives the opportunity to their districts to grow and develop their own districts. On the contrary, the regional autonomy can be worse. This occurs due to the lack of preparation of the district to apply the policy. The key to minimize or eliminate the problem is by enhancing the quality of human resources. Preparation of business and bureaucracy to face the regional autonomy will be discussed.

scholarly journals Potential Investor Claims and Possible State Defences During the Covid-19 Emergency

2021 ◽  
Vol 5 (2) ◽  
pp. 236
Author(s):  
Sefriani Sefriani ◽  
Seguito Monteiro
Keyword(s):  
Public Transportation ◽  
International Investment ◽  
Equal Treatment ◽  
National Treatment ◽  
Investment Treaty ◽  
International Solidarity ◽  
International Investment Agreements ◽  
Force Majeure ◽  
The Government ◽  
Investment Agreements

Since it was announced as a public health emergency of international concern in 2019, Covid-19 has caused enormous loss of property and life. The country's emergency policies in responding to the Covid outbreak are numerous, such as closing public transportation and prohibiting the export of medical devices. These policies have potentially harmed the interests of investors. This study has three purposes: investors' potential claims to challenge state measures addressed to Covid-19, the legal defences of states, and the possibility of an international investment dispute. This study shows that investors' potential claims may be delivered based on violations of the principles of fair and equal treatment, full protection and security, and national treatment and the most favoured nations. While a state can defend itself based on the principles of force majeure and state necessity, states can also defence through Non preclude measures or right to regulate clause in international investment agreements. In addition, it would also be better to build international solidarity and cooperation to mitigate and defeat the Covid-19 pandemic than sue the government before ISDS. States need collective action to avoid a surge of investor-state Arbitration. Governments’ policy to combat Covid-19 is to be considered as acting in necessity and therefore cannot be found in breach of their investment treaty obligations as long as that policy meet the necessity, proportionate, and non-discrimination requirements.

scholarly journals Towards the Establishment of Family Dispute Resolution Center in Pakistan

2021 ◽  
Vol VI (I) ◽  
pp. 1-8
Author(s):  
Zeeshan Ashraf Qureshi ◽  
Hafiz Muhammad Usman Nawaz ◽  
Mirza Shahid Rizwan Baig
Keyword(s):  
Data Analysis ◽  
Local Government ◽  
Data Collection ◽  
Dispute Resolution ◽  
Legal System ◽  
Critical Review ◽  
Legal Framework ◽  
The Social ◽  
Qualitative Methodologies ◽  
Customary Practices

The researchers have articulated the developments of family dispute resolution in Pakistan and highlighted issues pertaining to its legal framework and customary practices existing in the social and legal system. The library used as a tool for data collection, and internet sources consulted in this research. Doctrinal and qualitative methodologies used for this study and data analysis carried out through analytical and critical review along with the interpretation of laws. This article is very significant for the understanding of gaps to accommodate FDR methods and practices to expedite adjudication processes. Furthermore, the article is lightening on the issues of dispute resolution and interaction of local government systems to cater to customary mal-practices. Therefore, FDR is the most flexible, efficient, and preferred choice for family dispute resolution in the developed legal discourse. This article is advocating in favor of FDR, aiming to reconciliation in the matrimonial disputes, to prevent the dissolution of marriage cases.

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