Preserving Environmental Regulatory Space in the EVIPA
摘要
This Chapter begins by providing a contextual background for the negotiation and eventual conclusion of the EVIPA. This context is essential for a deeper understanding of the specific commitments discussed in the subsequent chapters. The Chapter then analyses the crucial theme of preserving regulatory autonomy for environmental protection within the framework of EVIPA. This analysis highlights the shared concerns of both parties, emphasising their commitment to promoting sustainable development and environmental conservation. Furthermore, the Chapter discusses the EU’s broader position on sustainable development and human rights. These explorations collectively reveal the EU’s consistent policy orientation, which promotes enduring values rooted in sustainability. Additionally, it explains the EU’s strategic approach of using commercial cooperation to go beyond mere economic interests, facilitating the advancement of shared non-commercial concerns with its partners, including Vietnam. Unlike traditional BITs, many contemporary investment protection agreements are now incorporated into broader trade frameworks. The EVIPA follows this trend, forming part of the broader negotiations within the EVFTA. Under the EVFTA, alongside the primary objective of boosting trade, there is increased emphasis on non-commercial aspects like environmental protection and investment promotion. Therefore, when examining the pertinent investment protection provisions within the EVIPA, it is essential to consider this overarching context. This chapter thus focuses on discussing the general legal framework established by the EVFTA concerning the advancement of sustainable development while also addressing the shared concerns that the parties seek to address within the current trade and investment relationship.