MINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE HANOI LAW UNIVERSITY INFORMATION ON NEW RESEARCH FINDINGS OF THE DOCTORAL DISSERTATION Dissertation title: “Theory and practice
Trang 1MINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE
HANOI LAW UNIVERSITY
INFORMATION ON NEW RESEARCH FINDINGS
OF THE DOCTORAL DISSERTATION
Dissertation title: “Theory and practice of investor – state dispute settlement: Applying
to Vietnam in the current context of international economic integration”
Specialty: International Law Code: 9 38 01 08
Doctoral student: Tran Thi Hong Nhung
Supervisor(s): Assoc Prof., Dr Nguyen Vu Hoang
Training Institution: Hanoi Law University
SUMMARY OF NEW RESEARCH FINDINGS
- Further improving the theoretical basis for investor – state dispute settlement (ISDS) by developing the concept of investor – state dispute and analysing characteristics of these disputes; developing the concept of ISDS and analysing characteristics of ISDS; analysing the general content and characteristics of the substantive law on ISDS; developing the concept of, analysing characteristics of, and classifying mechanisms for ISDS; researching the development process of the mechanisms for ISDS from the begining until the time of including these mechanisms into the new generation FTAs; and analysing the models of reforming, and enhancing the effectiveness of, ISDS in the practice of the countries in the world
- Generalising the practice of ISDS in India and thereby providing necessary lessons for Vietnam in the context of implementation of the ISDS commitments under the new generation FTAs
- Analysing the differences in investment liberlization and protection commitments as well as mechanisms for ISDS under CPTTP and EVFTA - the two new generation FTAs of Vietnam On that basis, clarifying the differences between these mechanisms and those under the previous IIAs Pointing out the issues of settling disputes between foreign investors and the State of Vietnam in the implementation of ISDS commitments under those FTAs
- Analyzing the practice of ISDS in Vietnam up to now
- Proposing a system of solutions to improve the effectiveness of preventing and resolving this type of disputes in the context of implementation of the ISDS commitments under Vietnam's new generation FTAs
March 25th , 2019
Scientific advisors
Assoc Prof., Dr Nguyen Vu Hoang
PhD Candidate
Tran Thi Hong Nhung