MINISTRY EDUCAITION AND TRAINING MINISTRY OF JUSTICE
HANOI LAW UNIVERSITY
TRAN THI HONG NHUNG
THEORY AND PRACTICE OF INVESTOR - STATE
DISPUTE SETTLEMENT: APPLYING TO VIETNAM
IN THE CURRENT CONTEXT OF INTERNATIONAL
ECONOMIC INTEGRATION
SUMMARY OF DOCTORAL THESIS IN LAW
HANOI, 2019
The thesis is completed at
HANOI LAW UNIVERSITY
Science suppervisor: Assos.Prof. Dr. NGUYEN VU HOANG
Referee 1: Assos.Prof. Dr. Le Mai Thanh
Referee 2: Assos.Prof. Dr. Tang Van Nghia
Referee 3: Dr. Nguyen Thai Mai
The thesis will be examined by Examination Board of Hanoi Law
University
at:……………………………………………………………………
The thesis can be found at:
1. National Library
2. Library of Hanoi Law University
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INTRODUCTION
1. Necessity of research theme
Globalization, regionalization of the economy is an inevitable trend,
which has a strong impact on subjecs in international economic relations. In
fact, this trend not only creates a deeper and broader link between the subjects
but also forms a strongly competitive environment at the international level,
creating a significant challenges for the subjects. In this context, international
investment, one of the key economic activities, playing an important role in the
economic development of countries in the world is also strongly influenced by the
conditions of economic integration, global economic competion and crisis. Since
the late 1990s, there have been many disputes between entities involved in
international investment activities, especially investor - state disputes, a particular
type of dispute compared to other disputes arising in this field, because one party
to the dispute is a state, called respondents which have special legal status.
Therefore, resolving this dispute becomes one of the problems for the host state in
condition of formulating and perfecting international investment policies and
laws.
Along with the development of economy, international investment
relations, the investor - state dispute has become more and more complicated
in recent years. In the face of this situation, the host state has recognized the
need to reconsider the international investment policy system on resolving
disputes between foreign investors and the host countries. Ensuring effective
prevention and settlement of disputes will both have implications for market
opening policies, attracting investment, economic development, building
prestige and national image in relations. International investment has both
ensured the interests of people and nations.
Basing on the nature of international investment, this type of dispute is
common among investors in developed countries and the host states are
developing countries. Therefore, Vietnam as well as other developing countries
will have to ensure a favorable investment and business environment for foreign
investors and appropriate adjustments and solutions in the tournament.
resolving issues related to this type of dispute. In particular, in current
conditions, Vietnam not only has to implement its commitments in the system
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of previous investment agreements but also has to implement agreements in a
number of new generation of free trade agreements. Specifically, our country
has participated in negotiating and signing the Trans-Pacific Economic
Partnership Agreement (TPP), the Free Trade Agreement between Vietnam and
the European Union (EVFTA) and recently the Agreement Comprehensive and
trans-Pacific Partnership (CPTPP), which has very strict commitments on
liberalization and protection of investment in general and resolving disputes
between foreign and national investors. receive investment in particular.In the
above situation, the study of the topic "Theory and Practice of Investor – State
Disputes Settlement: Applying to Vietnam in the current context of
international economic integration”, has both theoretical and practical
significance, and this is really a necessary issue for Vietnam in the current
conditions.
2. Research aims and obligations
● Research Aims
Purpose of the study is to build a system of solutions to the improvement
effectiveness of preventing and resolving Investor and host state from Vietnam
in the context of international economic integration today.
● Research Obligations
To implement the above mentioned purpose, the thesis sets out the
following research aims:
- Analyzing theoretical issues on investor - state dispute settlement such
as the concept and characteristics of investor - state dispute, the cause of the
dispute. In addition, the thesis will focus on clarifying the concept and
characteristics of investor - state dispute settlement, generalizing the content
law as well as the investor -state dispute settlement mechanism. Presenting
models of investor - state dispute settlement reforms.
- Studying the practice of ISDS in India through analysis of the situation
of dispute settlement between foreign investors and India in the recent time .
This shows the adjustment of ISDS policy to be consistent with the ISDS reality
of this state. Besides, the thesis will make predictions about the difficulties that
India faces when implementing the ISDS reform policy. Moreover, the thesis
also reviews the India's ISDS reform policy. Finally, giving meaningfull lessons
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needed for Vietnam.-
- Doing research the content of investment liberalization and protection
standards, the ISDS mechanisms under the current two new generation FTAs of
Vietnam such as CPTPP and EVFTA. From that points out the differences
compared with the commitments on liberalization of investment protection
regulated by other agreements; And make a comparison ISDSM of these two
agreements with other legal dispute settelemt mechanisms in general, the ISDS
mechanisms under other Vietnamese IIAs in particular.
- Researching practice of dispute settlement between foreign investors
and Vietnam in current conditions.-
- Building the system of solutions to improve effectiveness of preventing
and resolving investor -state disputes of Vietnam in the implementation period
of ISDS commitments under the new generation FTAs.
3. Research Object and Scope
● Research Object
Investor – State dispute settlement
● Research Scope
Stemming from the practical requirements of ISDS in the current
condition of international economic integration in Vietnam, the thesis will focus
on researching theory and practice on ISDS to apply for Vietnam. In particular,
in the context that Vietnam has participated in negotiating and signing new
FTAs including ISDS commitments, as follows:
฀ About content:
- Researching the theoretical issues of investor - state disputes, ISDS,
substantive law and ISDSM so that it can be applied to resolve this type of
dispute in Vietnam's current conditions.
- Researching on practice of ISDS from some states in the world.
- Studying the status of the ISDS law and ISDS of Vietnam in the current
conditions.
- Studying solutions to improve effectiveness of prevention and
settlement for Vietnam when resolving disputes between foreign investors and
Vietnam in the context of enforcing both ISDS commitments under new