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This chapter examines the role of the general exception clause (Article 4.6) in safeguarding Vietnam’s regulatory autonomy under the EVIPA. This clause can potentially refine the interpretation of core obligations, such as NT and MFN treatment, which in EVIPA closely resemble those found in traditional investment treaties. While the exception clause offers a crucial mechanism for balancing investor rights with Vietnam’s regulatory needs, its effectiveness hinges significantly on the approach adopted by the ICS tribunals. To maximise the clause’s utility, ongoing dialogue between the EU and Vietnam is essential to clarify its scope and ensure its consistent application in practice.

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General Exception Clause Under the EVIPA

  • 章节

  • 发表日期：

    2025年

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  • Nguyen Thi Lan Huong

摘要

This chapter examines the role of the general exception clause (Article 4.6) in safeguarding Vietnam’s regulatory autonomy under the EVIPA. This clause can potentially refine the interpretation of core obligations, such as NT and MFN treatment, which in EVIPA closely resemble those found in traditional investment treaties. While the exception clause offers a crucial mechanism for balancing investor rights with Vietnam’s regulatory needs, its effectiveness hinges significantly on the approach adopted by the ICS tribunals. To maximise the clause’s utility, ongoing dialogue between the EU and Vietnam is essential to clarify its scope and ensure its consistent application in practice.