Reforming Investment Treaties: A Case Study of Vietnam

• Main Authors: Truong Thi Anh Nguyet, 张氏映月
• Other Authors: LIN, WEI-CHUNG
• Format: Others
• Language: en_US
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/778n3e

碩士 === 國立中正大學 === 財經法律系研究所 === 107 === Bilateral investment treaties (hereinafter “BITs”) play a prominent role in international investment law. Looking like the “new wine in old bottle”, Vietnamese BITs have shown general characteristics of modern BITs, while the “wine” therein is the subtle flavor of Vietnam. Vietnamese BITs so far have exposed some its old-fashioned provisions and shortcomings. It should be modernized in the future negotiation and the conclusion of BITs. The researches about Vietnamese BITs, however, have not fully explored yet. The objective of this thesis is to provide new insights into Vietnamese BITs, in which the characteristics of Vietnamese BITs shall be evaluated in the light of principles of international law, the historical background and Vietnamese Government’s policies. This thesis aims to analyze the general legal framework of Vietnamese BITs, including the definition of investment and investor, most-favoured national treatment (hereinafter “MFN”), national treatment (hereinafter “NT”), fair and equitable treatment (hereinafter “FET”), full protection and security (hereinafter “FPS”) and umbrella clause. Furthermore, this thesis explores the modern practice of BITs and its current problems of the substantive investment provisions in Vietnamese BITs. From that, a reforming proposal for current Vietnamese BITs is forwarded. The proposal bases on a reference to some typical investment instruments and the recent development of international investment law and arbitration. The proposed provisions would be drafted to serve as the prototype for renegotiating the existing BITs and signing BITs in the future.