New-Generation Free Trade Agreement and Non-Trade Issues

Summary Faced with the deadlock of the World Trade Organization (WTO) on the issue of global multilateral trade liberalization, countries have established free trade areas by signing new generation free trade agreements with broader issues than traditional free trade agreements such as issues of sustainable development, environmental protection, anti-corruption, labor, human rights, etc. Not an exception to that trend, Vietnam has participated in negotiations and signed many agreements. new generation free trade agreements with many major partners such as the European Union (EVFTA) or Asia Pacific countries (CPTPP); etc. These new FTAs ​​not only impact Vietnam's economic and trade activities, but they also contribute significantly to perfecting policy and legal institutions in the current period. In this article, the author will provide the most general issues about new generation FTAs, thereby analyzing the impacts of these FTAs ​​on the development and improvement of Vietnamese policies and laws in the past and in the future. From there, the author makes appropriate conclusions and recommendations. Keywords: FTA; policy; law; impact; Vietnam.

Summary: The World Trade Organization (WTO) was established in 1995 on the foundation of multilateral trade commitments with the expectation of being an organization that promotes economic growth, improves people's lives and eliminates trade barriers. After 25 years of formation and development, in addition to recorded achievements, the WTO faces many challenges in the global economic context of the 21st century, typically the explosion of regional economic linkages and the rise of new-style protectionism in developed countries. Currently, for countries around the world, the role of Free Trade Agreements at the Bilateral and Regional levels, especially new generation agreements, is becoming increasingly important in a rapidly changing world trade context with the slowdown of trade negotiations at the multilateral level. The content of these agreements covers not only traditional negotiations but also commitments that go beyond current WTO regulations related to non-commercial factors, forcing signatory countries to adjust their domestic policies accordingly. The article focuses on analyzing the impact of implementing labor and environmental commitments of the new generation Free Trade Agreements that Vietnam is participating in, typically the Vietnam - European Union Agreement (EVFTA), on Vietnam's domestic policy, thereby proposing some directions to maximize the benefits achieved when participating in these agreements. Keywords: Free trade agreement, multilateral trade, EVFTA, non-tariff measures, labor, environment.

In addition to having a deep and broad level of commitment, the appearance of non-commercial regulations is considered a fundamental feature in new generation FTAs, especially with agreements of the European Union (EU). Whether the partner is a developed or developing country, the EU remains consistent in 'exporting' non-commercial values, including elements related to sustainable development, effective governance and human rights in bilateral agreements with partners. Despite the paradox, free trade agreements themselves serve as a tool to facilitate the spread of the EU's non-commercial values ​​globally, especially to developing countries. However, the extent and potential impact of these regulations on non-commercial practice in developing countries still needs further research. This article aims to clarify the EU's objectives and basis for including non-commercial content in FTAs, explore the legal impact of these regulations and consider the impact on the preservation and protection of non-commercial values ​​in EU partner countries. Based on the analysis of the specific content of the European Union's new generation FTA, the article points out that although the EU has ambitious goals in exporting non-commercial values, the implementation of these regulations in reality depends on the will of the parties while the issue of protecting non-commercial values ​​in partner countries is still political and FTAs ​​do not always have sanctions for violators. In addition, the article also points out the grounds for the EU's partners, specifically ASEAN countries, to accept a group of non-commercial regulations in new generation bilateral FTAs ​​with the EU. Keywords: European Union, non-trade issues, new generation FTA, European values, legal harmonization, ASEAN

New generation trade agreements are known for their efforts to recognize humanity's concerns about the environment and climate change, seeking a balance with economic development. However, these efforts can only be effective through the application of specific provisions when resolving disputes such as standards for investor treatment and protection, and exceptions for the right to regulate the laws of the receiving country. In the context that the language of these provisions is ambiguous and creates many interpretations, judicial agencies tend to refer to the "Object and objectives" of the international treaty to provide the most appropriate interpretation. The goal of "Sustainable Development" is expected to be an important factor in the interpretation of laws to create a balance between economic development and environmental protection and social development. However, when applying this goal to explain specific provisions, expectations are not achieved because the concept itself is still controversial. This article proposes a more suitable goal, along with the "tool" of the principle of good faith, to achieve a balance of conflicting interests and contribute to the unified interpretation of international treaties on investment. Keywords: sustainable development, principle of good faith and honesty, explanation of international investment treaties

Summary: Recognizing the important role of the public in the process of implementing non-commercial regulations, some new generation free trade agreements that Vietnam participates in contain public participation mechanisms. Those mechanisms continue to be supplemented and enforced by domestic legal regulations of a number of participating parties, including the United States or the European Union. Therefore, the article focuses on clarifying the content of the relevant mechanisms as well as analyzing some of the issues facing Vietnam when implementing these mechanisms. Keywords: Public; non-commercial regulation; enforcement; new generation free trade agreement; Vietnam

Summary: In recent decades, Vietnam has been actively participating in new generation free trade agreements, creating a legal foundation to develop a dynamic and integrated economy. One interesting thing is that, although new generation free trade agreements include deeper regulations and commitments within the framework of the World Trade Organization (WTO), Vietnam has never taken advantage of the dispute resolution mechanism within the framework of these agreements. Set in the context of the similarity of Vietnam's regulations and commitments as a member of these international trade treaties, as well as the rich and diverse practice of disputes in the WTO related to non-commercial values, the article will study the practice of dispute resolution at the WTO related to issues of protecting human, animal and plant health in typical disputes. The article argues that regulations in the WTO or new generation free trade agreements will still have gaps between the law governing human, animal and plant health protection issues and dispute practices. Therefore, in the process of dispute resolution, although it does not have the authority to develop legal principles, the role of the dispute resolution body is also very important in finding a way to protect these values ​​when interpreting legal regulations and general principles of law as well as international practices. Keywords: Non-commercial value, new generation free trade agreement, dispute resolution, world trade organization.

Summary: In recent times, Vietnam has achieved many important achievements in the process of world economic integration through actively participating in the network of new generation free trade agreements (FTAs), recently notably the Comprehensive and Progressive Agreement for Trans-Pacific Partnership - CPTPP and the Free Trade Agreement between Vietnam and the European Union (EU) - EVFTA. In order for the contents Vietnam has committed to in the above two Agreements to be effectively implemented in practice, Vietnam needs to continue to build and perfect the legal and policy system according to the roadmap. This has a significant impact on Vietnam's labor law system because one of the important contents of the two Agreements includes labor issues with a focus on: i) Freedom of association and substantive recognition of the right to collective bargaining, ii) Ending all forms of forced or compulsory labor, iii) Effective elimination of child labor, iv) Ending discrimination in employment and occupation. In particular, the right to freedom of association of workers is a commitment that receives special attention because this is a new point that has not been specifically recognized in the Vietnamese labor law system before. Within the scope of this article, the author will present some impact points of the CPTPP Agreement and EVFTA Agreement on the freedom of association of employees in Vietnamese enterprises. The article is structured in three parts: i) Workers' right to freedom of association under the CPTPP Agreement and EVFTA Agreement; ii) Impact of the CPTPP and EVFTA Agreements on the provisions of Vietnamese labor law on the freedom of association of employees; iii) Responsibilities of Vietnamese businesses in the context of expanding freedom of association for employees under the CPTPP and EVFTA Agreements.

Summary: The rights of child labor are one of the basic contents of workers' rights regulated by national and international law. This content is also mentioned in new generation free trade agreements in general and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership - CPTPP in particular. The article analyzes and evaluates the content of child labor rights in the provisions of Vietnamese law and in the content of the CPTPP Agreement to which Vietnam is a member. On that basis, compare the compatibility and appropriateness of Vietnamese law with the requirements of the CPTPP Agreement on the issue of ensuring the rights of child labor. At the same time, the author also proposed a number of recommendations to improve Vietnamese law in ensuring the rights of child workers, in accordance with the labor commitments in the CPTPP. Keywords: Child labor rights, Comprehensive and Progressive Agreement for Trans-Pacific Partnership

Summary: The article researches and clarifies legal issues related to the commitment to eliminate forced labor in new generation free trade agreements (FTA [1] ) to which Vietnam is a member, typically the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP [2] ), the Free Trade Agreement between Vietnam and the European Union (EVFTA [3] ) and the Free Trade Agreement between Vietnam and the Eurasian Economic Union (VN-EAEU). FTA [4] ). In particular, the article deeply analyzes, evaluates, and comments on the similarities and differences of Vietnamese labor law and the FTAs ​​that Vietnam is a member of on eliminating forced labor, thereby recommending a number of solutions to effectively implement these commitments.   [1] The English name is: free trade agreement. Abbreviated as: FTA [2] The English name is: Comprehensive and Progressive Agreement for Trans-Pacific Partnership. Abbreviated as: CPTPP [3] The English name is: EU- Vietnam Free Trade Agreement. Abbreviated as: EVFTA [4]   The English name is: Vietnam – Eurasian Economic Union Free Trade Agreement. Abbreviated as: VN-EAEU FTA

Summary The article presents the connection between non-commercial issues (human rights) and commercial provisions. In particular, we focus on evaluating the role and position of human rights regulations in free trade agreements in the context of the WTO, international law, the European Union, Vietnam and Canada. Keywords: Free trade agreement, non-trade clauses, human rights, WTO, EU, Vietnam, Canada.

This article studies the integration of labor provisions into new generation trade agreements, especially agreements that Vietnam participates in (EVFTA and CPTPP). From there, the author answers the question: will this integration reduce the phenomenon of « fragmentation » of international law, as well as the negative sides of this phenomenon? Does mainstreaming help better protect labor rights ?

Summary On November 12, 2018, the National Assembly of Vietnam voted to pass a Resolution ratifying the Comprehensive and Progressive Agreement for Trans-Pacific Partnership and became the seventh member of the agreement. Joining the above agreement is considered to bring many economic benefits to Vietnam, but besides that, this also leaves many difficulties and challenges, especially in the issue of compliance with environmental commitments in this Agreement. Starting from that reality, the article focuses on (i) analyzing and clarifying some of the environmental commitments in the CPTPP Agreement, (ii) pointing out some of Vietnam's challenges in complying with the implementation of environmental commitments in this Agreement, (iii) thereby making some recommendations for improvement. Keywords: CPTPP Agreement, implementation of commitments, environmental protection, Vietnam.

Foreign investment and environmental protection are central issues of sustainable development. However, in recent years, international investment disputes related to environmental issues have been increasing. Dispute practice shows that a country's right to promulgate policies on environmental issues, which belongs to the country's sovereign rights, is likely to be challenged by allegations of violation of investment protection obligations and compensation claims from foreign investors ("foreign investors"). Furthermore, traditional international investment agreements (“ IIA ”) often only stipulate national obligations with respect to foreign investment, rarely providing commensurate obligations of foreign investors on environmental protection issues in the host country (“ QGTNDT ”). This creates an asymmetry of interests between QGTNDT and foreign investors. This reality creates an urgent need for a tool to balance the rights and interests of QGTNDT and foreign investors. One of the tools that is expected to contribute to reconciling the interests of foreign investors and INVESTORS, creating a stronger basis for INVESTORS to pursue environmental goals in addition to economic development goals, is the environmental provisions in new generation free trade agreements ("FTAs"). This article will analyze the role of environmental regulations in new generation FTAs ​​in overcoming the asymmetry between the rights of foreign investors and the right to promulgate environmental policies of the country. Keywords: environmental provisions, policy-making power, balancing asymmetry, foreign investment, new generation free trade agreement

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the Vietnam-European Union Free Trade Agreement (EVFTA) both include commitments on environmental protection in international trade activities. Members of these two Agreements must therefore simultaneously comply with the obligations on trade liberalization, as well as environmental protection in the international environmental agreements (MEAs) specified. However, how to apply a trade restriction measure to protect the environment under the MEAs without violating trade liberalization obligations in the CPTPP and EVFTA Agreements? One can refer to a number of case laws on environmental protection related to Article XX of the 1994 General Agreement on Tariffs and Trade (GATT 1994) to find suggestions.   Keywords: commitment, balance, environment, sustainable development, trade

Among the new generation Free Trade Agreements (FTAs), the Trans-Pacific Partnership Agreement (CPTPP) and the Vietnam-European Union Trade Agreement (EVFTA) can be considered the most comprehensive new generation FTAs ​​with extensive and comprehensive commitments and a scope of adjustment that includes non-trade issues such as the environment, including the issue of sustainable management of forest resources, specifically wood. In recent years, Vietnam's wood and product export processing industry has developed rapidly. The Vietnamese Government's policy is to prioritize the development of a sustainable, effective and modern wood and non-wood forest product processing industry on the basis of deep integration into regional and global markets; Use legal wood materials; Applying advanced technology and modern equipment, ensuring environmental standards in production; and strive to make Vietnam one of the leading countries in the world in producing, processing, and exporting wood and non-wood forest products with reputable brands and high added value in total turnover. To achieve this goal, one of the important requirements is to complete the legal policy system to create a legal basis for the sustainable development of this valuable resource, and at the same time create a legal basis for the effective implementation of commitments in relevant agreements.

Vietnam is recognized as one of the countries with high biodiversity in the world, with many types of natural ecosystems, organisms, rich and endemic genetic resources. Biodiversity in Vietnam brings direct benefits to people and makes great contributions to the economy, especially in the fields of agriculture, forestry and fisheries; is the basis for ensuring national food security and maintaining genetic resources of livestock and crops. However, the country is also facing environmental degradation and loss of ecosystems due to industrialization. EVFTA and CPTPP introduce important rules on biodiversity protection. The agreements recognize that sovereignty over national resources and the right to determine access to genetic resources belongs to each national government and is subject to domestic law. They will try to create conditions to access genetic resources for the right purpose; However, access to genetic resources must be approved in advance by the supplier, unless otherwise provided by the respective state. In addition, Vietnam must strengthen cooperation and exchange of information with other signatories on strategies, initiatives, policies, programs, action plans and consumer awareness campaigns to prevent the disappearance of biodiversity and reduce biodiversity pressure. This article will analyze the current status of Vietnam's biodiversity commitments within the framework of EVFTA and CPTPP, and identify challenges for the Government of Vietnam in strengthening the law on biodiversity.

Summary of the article Climate change has been a topic of debate for the international community for a long time. Yet in discussions of climate change policy over the past several decades, the connection between trade and climate change has rarely been acknowledged. Even so, the legal practice of the World Trade Organization (WTO) shows that its environmental trade rules can help meet its climate change goals (although relevant WTO rules appear only as general exceptions and have only general content). When the Doha Round of negotiations was frozen due to WTO member states' inability to agree on new rules for the global trading system, many countries shifted negotiations on bilateral and regional trade agreements (FTAs) toward strong trade liberalization among member states. Not only that, these agreements also regulate many non-trade issues, require governments to take responsibility for environmental policies and limit the competitiveness of products that cause climate change through regulations that require countries to maintain product handling mechanisms that comply with emissions emitted during the production process. This article will evaluate Vietnam's commitments to climate change management within the framework of CPTPP and EVFTA, Vietnam's two most important new generation FTAs. Vietnam will have to take more proactive measures and actions in combating climate change (for example, completing the emissions trading mechanism, protecting and combating forest degradation, enhancing energy saving, low emission technology and renewable energy, information transparency and consultation mechanisms). Through analyzing the provisions of EVFTA and CPTPP on climate change, the article will criticize Vietnam's legal framework on climate change management, especially the 2014 Law on Environmental Protection. The final article will make some recommendations for Vietnam's environmental law to ensure effective implementation of FTAs.

Summary: During the COVID-19 pandemic, the conflict between the right to access pharmaceuticals as one of the basic human rights and the interests of international trade has become even more evident as the most developed economies are trying their best in the race to find a vaccine for the epidemic in parallel with ensuring pharmaceutical stockpiles to supply citizens, through strong measures such as restricting/banning the export of certain pharmaceuticals considered essential, as well as promulgating regulations Law on compulsory patent transfer for pharmaceuticals. These measures are sensitive in terms of many aspects of international trade law such as trade in goods, intellectual property rights and international investment, especially when new generation free trade agreements such as the Trans-Pacific Partnership Agreement (CPTPP) have specific regulations that member countries need to consider. This article will analyze access to pharmaceuticals during the COVID-19 period with specific reference to the provisions of the agreements in the World Trade Organization (WTO) and CPTPP, to provide notes for Vietnam as a signatory to these agreements. Keywords: access to pharmaceuticals, COVID-19, intellectual property, international trade, WTO, CPTPP.

Summary Under the global impact of the COVID-19 pandemic, investment-receiving countries around the world have issued many emergency measures to combat the crisis in many fields. Currently, the investment protection regulations of the new generation free trade agreement - the Trans-Pacific Progressive Partnership Agreement (CPTPP) have shown an effort to balance public interests and the rights of investors, related to procedural and substantive aspects, through a number of legal provisions stipulating the state's right to promulgate laws in accordance with the public interest in "necessary" situations. However, the above regulations are not clear enough for the government to justify its measures that violate the agreement. This leads to the question: Will, in the context of the COVID-19 pandemic, the provisions in the CPTPP create an effective justification for the state when facing complaints from foreign investors in international investment arbitration? Therefore, this article will rely on international investment law to analyze the nature and legal consequences of emergency measures issued during the pandemic. Measure, evaluate and propose effective ways to justify the state as stipulated in the CPTPP in case the government is sued by foreign investors. Keywords: new generation free trade agreement, CPTPP, emergency measures, COVID-19 pandemic, justification, goals to protect legitimate public interests, public power

The emergence and rapid spread of the SARs-Covi-2 virus worldwide, along with the serious devastation caused by this virus to human health, has caused many countries around the world to apply a series of measures to protect public health and national security. These measures, from the perspective of international investment law, can be considered measures to expropriate the investor's assets if the measure seriously affects the investment and thereby imposes an obligation to adequately compensate the investor. In that context, the doctrine of control for the public benefit (police power) can be invoked to help these countries not have to compensate investors, developed over time and specifically stipulated in new generation free trade agreements of which Vietnam is a member such as CP-TPP and EVFTA. However, whether this doctrine is applicable when considering a measure taken by a state to control an epidemic depends on the specific provisions of the investment protection agreement that that country has signed and the interpretation of that agreement. This article discusses the issue of protecting public health as a public benefit to apply the Police power doctrine in the context of international investment, when countries are increasingly interested in preserving the necessary policy space to ensure the state's right to protect health, security and social welfare, especially in the context of the Covid-19 pandemic. The article will also evaluate the importance of this doctrine in the practice of negotiating international investment agreements, especially agreements to which Vietnam is a member, in order to recommend that countries re-evaluate their development plans and strategies to achieve sustainable development goals.

Environmental protection and addressing the threat of climate change have become major concerns of parties negotiating and signing new generation free trade agreements in general and Vietnam in particular. Recently, Vietnam signed the Free Trade Agreement between Vietnam and the European Union (EVFTA), which proposes promoting the development of renewable energy as an effective way to replace polluting traditional energy sources. Chapter VII of the EVFTA clearly recorded the parties' commitment to cooperation in limiting non-tariff barriers and coordinating the application of technical standards in this special field. In addition to trade liberalization commitments, Article 7.6 of chapter VII also provides a number of exceptions for members to ensure non-commercial national interests. This article will present some of Vietnam's non-commercial interests in commercial and investment activities in renewable energy production, thereby assessing the level of protection of these interests in Chapter VII of EVFTA.  Keywords: renewable energy, non-commercial benefits, exceptions, EVFTA

Summary Food trade makes up an important part of global trade, and domestic consumers are increasingly concerned about the safety of imported food. The Trans-Pacific Partnership (TPP), now renamed the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), represents a new model of major regional trade agreements, aiming to set higher standards for both promoting trade liberalization but also ensuring the right to health protection in general and the right to safe food supply in particular for citizens of member countries. Therefore, CPTPP stipulates additional regulations on animal and plant quarantine (SPS) measures of members compared to the regulations in the WTO SPS Agreement. These regulations may be called “SPS plus”. The article analyzes the development of “SPS plus” in regional trade agreements (RTA); manifestation of “SPS plus” through regulations on risk assessment and scientific evidence in CPTPP; opportunities and challenges when implementing "SPS plus" requirements on risk assessment and scientific evidence when promulgating regulations to ensure imported food safety in Vietnam.

Recognizing the important role played by the public in the enforcement of non-trade rules , some of the new generation free trade agreements to which Vietnam is a party have included mechanisms for public participation. These mechanisms continue to be supplemented and enforced by the domestic laws of some parties, including the United States or the European Union. Therefore, the article focuses on clarifying the content of the relevant mechanisms as well as analyzing some of the problems posed for Vietnam when implementing these mechanisms. Key words: public; non-trade rules; implementation; new generation free trade agreement, Vietnam.

Abstract: The trade agreements of a “new generation” are known to attempt to integrate human conce s about the environment and climate change in order to find a balance with economic development. However, these efforts can only be achieved by applying specific provisions for dispute settlement, such as the standards for investor treatment and protection, the exceptions for the host state’s right to regulate. As the language of these provisions are ambiguous and can create many ways of interpretation, inte ational jurisdictions tend to invoke the "Objects and Purposes" of the treaty to provide a relevant interpretation of the “ordinary meaning” of a given rule. The goal "Sustainable development" is expected to be an important factor of interpretation in order to create a balance between economic development and environmental protection and social development. Nevertheless, the concept itself is controversial. This article proposes another goal, along with the "tool” of the principle of good faith, which can help to  balance conflicting interests and to ensure the consistent interpretation of inte ational investment treaty. Keywords: sustainable development, good faith, interpretation of inte ational investment treaties.

In addition to broader scope and deeper level of commitments, the inclusion of non-trade issues is one main characteristic of mode new-generation FTAs, especially those of the EU. Whether partnering with developed or developing economies, the EU has been consistent in ‘exporting’ its values such as sustainable development, good gove ance and human rights to its trading partners. Paradoxically or not, the EU’s free trade agreements have been instrumental in facilitating the promotion of non-trade issues worldwide, notably in developing countries. Even though, the extent to which these non-trade issues provisions can change the respective situations in developing countries remains uncertain. This paper aims at analysing the EU’s rationale and purpose for the inclusion of non-trade issues in its FTAs, understanding the legal effects produced by these provisions and assessing their impacts in the preservation and protection of non-trade values in EU’s partner countries. Taking examples of EU’s new-generation FTAs, the research points out that while the EU is ambitious in exporting a wide range of non-trade values, these provisions effectively leaves implementation to parties’ goodwill and that the protection of non-trade values remains political while the sanctioning mechanisms are not always provided. In addition, insights as to the rationale for EU trading partners, particularly ASEAN countries, to accept non-trade rules within the Union’s new-generation FTAs will also be analysed. Key words : European Union, non-trade issues, new-generation FTAs, European values, legal harmonization, ASEAN

Abstract: The World Trade Organization (WTO) was founded in 1995 on multilateral trade commitments between the Member States with the expectation of being an organization that promotes economic growth, enhances people's lives, and eliminates trade barriers. After 25 years of establishment and development, besides its recorded achievements, the WTO has faced many challenges in the 21st-century global economy, typically the proliferation of regional economic integrations and the rise of neo-protectionism in developed countries. The increased role of Free Trade Agreements at the bilateral and regional levels, especially the new generation agreements, has been significant in a changing world trade context that witnesses multilateral negotiations' slowdown. These agreements cover traditional negotiations and commitments far beyond the existing WTO rules regarding public interests, prompting signatory states to make domestic policy adjustments. This article focuses on analyzing the impact of implementing the commitments on labor and the environment of the European Union - Viet Nam Free Trade Agreement (FTA) - a new generation agreement to which Vietnam is a signatory, on Vietnam's domestic policy. It then provides some proposals to maximize the benefits gained from joining such an agreement. Key words : Free trade agreements, multilateral trade negotiations, EVFTA, non-tariff measures, labor, environment.

Facing the impasse of the World Trade Organization (WTO) on the issues of global multilateral trade liberalization, countries have established free trade zone by signing new generation free trade agreements with broader issues than traditional free trade agreements such as sustainable development, environmental protection, anti-corruption, labor, human rights, etc. Following that trend, Vietnam has participated in negotiating and signing many new generation free trade agreements with many partners such as the European Union (EVFTA) or the countries of Pacific Asia (CPTPP). These new FTAs ​​not only affect economic and trade activities of Vietnam, but they also contribute significantly to the improvement of the legal and policy institutions in the current period. In this paper, the author will give the most general issues about new generation FTAs, thereby analyzing the impact of these FTAs ​​on the formulation and improvement of Vietnamese policies and laws currently and in the future. From there, the author makes appropriate conclusions and suggestions. Key words: FTA; policy; law; impact; Vietnam.

This paper focuses on the integration of labour provisions in new-generation free trade agreements, in particular the EVFTA and the CPTPP. The author aims to answer to the following questions: Does this integration contribute to reduce the “fragmentation” of inte ational law, as well as its side effects? Does this integration help to protect better labour rights?

Abstract This paper discusses the interaction between (human rights) non-trade and trade provisions. The role and place of human rights in free trade agreements (FTAs) in the context of the World Trade Organization and public inte ational law, the European Union, Vietnam and Canada are specifically examined. Keywords: Free trade agreements (FTAs), non-trade provisions, human rights, World Trade Organization, European Union, Vietnam, Canada.

Abstract: This article focuses on studying and clarifying legal issues related to commitment to eliminate forced labour under new-generation free trade agreements (FTAs), among which Vietnam is a member, especially the Comprehensive and Progressive Agreement for Trans- Pacific Partnership (CPTPP), the European- Vietnam Free Trade Agreement (EVFTA) and Vietnam –Eurasian Economic Union Free Trade Agreement (VN-EAEU FTA). Particularly, the paper also focuses on analyzing, evaluating as well as commenting the similarities and differences between Vietnam labour legal systems and these FTAs on elimination of forced labour, and thus supposes some suggestions for the effective implementation of this commitment.

In recent times, Vietnam has achieved many important achievements in the process of world economic integration through actively participating in the network of new generation Free Trade Agreements (FTAs). More recently, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership - CPTPP and the Free Trade Agreement between Vietnam and the European Union (EU) - EVFTA. In order for the contents of Vietnam committed in the two above Agreements to be effectively implemented in practice, Vietnam needs to continue to develop and perfect the legal and policy system according to the roadmap. This has a significant impact on the Vietnamese labor legal system because one of the important contents of the two Agreements is on labor with the focus on: i) Freedom of association and essentially recognization of the right to collective bargaining, ii) End all forms of coerced or forced labor, iii) Effectively eliminate child labor, iv) End employment and career discrimination. In which, the right to freedom of association of employees is a commitment content that is especially interested because this is a new point that the previous Vietnamese labor law system has not been specifically recognized. In the scope of this article, the author will present some points of impact of the CPTPP Agreement and the EVFTA Agreement on employees' right to freedom of association in Vietnamese enterprises. The article is structured in three parts: i) The employees' right to freedom of association under the CPTPP Agreement and the EVFTA Agreement; ii) The impact of the CPTPP and EVFTA Agreement on Vietnamese labor laws' regulations on freedom of association of employees; iii) Responsibilities of Vietnamese enterprises in the context of expanding freedom of association for employees under CPTPP and EVFTA agreements.

Climate change has long been discussed by the inte ational community. However, in the discussion on climate change policy over the decades, the link between trade and climate change was rarely noticed by the gove ments. Hence, the legal practices of the World Trade Organization (WTO) suggests that its environmental trade rules can help respond to anti-climate change goals (although the related rules of WTO appear only under form of general exceptions and with general content only). As the Doha Round was frozen because the WTO member states were unable to agree on new rules for the global trading system, the countries moved towards trade agreements. The new generation of bilateral and regional agrements (FTA) aim at promoting trade liberalization among member states. Not only that, they also stipulate many non-conventional trade issues, request the gove ment be responsible in environmental policies, and limit the competitiveness of products that cause climate change through the regulations requiring the countries  to maintain a mechanism to treat products in accordance with the amount of emissions emitted in the manufacturing process. This paper will assess the Vietnam’s commitments on climate change management under the CPTPP and EVFTA, the two most important new-generation FTA of Vietnam. Accordingly, Vietnam shall take measures and take more active action in combating climate change (for example, completing the emission trading mechanism, protecting and combating forest degradation, and strengthening energy saving, low emission technology and renewable energy, information transparency and consultation mechanism). Through the analysis of the EVFTA and CPTPP regulations on climate change, the paper would critically analyzes the Vietnamese legal framework on climate change management, especially the 2014 Law on Environmental Protection. The paper finally proposes some recommendations to Vietnamese environmental laws to ensure the efficient implementation of the FTAs.

Vietnam is recognized as one of the countries that have high biodiversity in the world, with many types of natural ecosystems, organisms, rich and endemic genetic resources. The biodiversity in Vietnam brings direct benefits to people and makes a great contribution to the economy, especially in agriculture, forestry and fisheries; it is the basis for ensuring national food security, maintaining genetic sources for breeding animals and plants. However, the country is also facing the condition of environmental degradation and the decline of the ecosystems due to the process of industrialization. The EVFTA and CPTPP provide substantial rules on protection of biodiversity. The agreements recognize that sovereignty over national resources and the right to determine access to genetic resources belong to the gove ment of each country and subject to domestic laws. They shall endeavor to facilitate access to genetic resources for the right purposes; however, access to genetic resources must be subject to prior informed consent of the provider, unless provided by the respective state. In addition, the Vietnam must enhance cooperation and exchange of information with other contracting parties on the strategies, initiatives, policies, programs, action plans and consumer awareness campaigns to prevent the disappearance of biodiversity and reduce biodiversity pressure. This paper will analyze the status of biodiversity commitments of Vietnam under the EVFTA and CPTPP and identify the challenges for Vietnamese gove ment in strengthening the national law on biodiversity.

In the context of the growing awareness of the important role of trade cooperation at different levels and perspectives, promoting the signing of new generation FTAs ​​with the modification scope that beyond the basic commercial problems is essential. The new generation FTAs have created opportunities and challenges to the Vietnamese legal system, including regulations on the environmental field. This paper aims at analyzing the effects of the new generation FTAs ​​on the development of Vietnamese laws and regulations on sustainable management of forest resources. As a result, it provides recommendations to improve Vietnamese law in such area in order to increase implementation efficiency of environmental commitments in the FTAs ​​to which Vietnam is a member.

Abstract: The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and European Union – Vietnam Free Trade Agreement both include commitments on environmental protection in inte ational trade. Contracting parties to such agreements, therefore, must comply with the trade liberalization obligations and environmental protection obligations under the multilateral environmental agreements (MEAs) concurrently. However, how to apply a trade restrictive measure aimed at protecting the environment without violating trade commitments in the CPTPP and EVFTA? Study on a number of trade and environment disputes invoking Article XX of the General Agreement on Tariffs and Trade (GATT) can offer some suggestions. Keywords: commitments, balancing, environment, sustainable development, trade

Abstract Foreign investment and environment protection is at the heart of sustainable development. Nevertheless, in the last few years, inte ational investment disputes related to environment issues have been on the increase. The dispute practice has manifested that the state’s right to regulate the environment, which is inherent in the sovereignty of state, can be challenged by the claim for breach of investment protection obligations and compensation request made by foreign investors. Furthermore, the traditional inte ational investment agreements commonly prescribe the obligation of host states to foreign investment, but rarely incorporate the symmetrical obligation for foreign investor to the environment protection in the host state. This creates the imbalance between host state and foreign investor. This fact raises the urgent need for a tool to balance the rights and interest of host state and foreign investor. One of the tools expected to contribute to the reconciliation, and establish a more solid basis for host state to pursue environmental goal besides the economic development goal, is the environmental provisions in the new generation free trade agreements. This article will analyze the roles of the environmental provisions in the new generation free trade agreements in reconciling the asymmetry between the foreign investor’s rights and the state’s right to regulate the environment. Keywords: environmental provisions, right to regulate, reconciling the asymmetry, foreign investment, new generation free trade agreements

On November 12, 2018, the National Assembly of Vietnam vetoed a Resolution ratification of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership and became the seventh member of the agreement. Joining the agreement is considered to bring many economic benefits to Vietnam, but besides that, this also left many challenges, especially in the issue of compliance with environmental commitments in this Agreement. Starting from that fact, the article focuses on (i) analyzing and clarifying some of the environmental commitments in the CPTPP, (ii) pointing out some of Vietnam's challenges in complying with the implementation of environmental commitments in this Agreement, (iii) thereby making a number of final recommendations. Keyword: CPTPP Agreement, implementation of commitments, environmental protection, Vietnam.

Inte et is changing the way we operate inte ational trade. Besides traditional commercial aspects such as trade in goods, services, and commercial aspects of intellectual property, the existence of data trade is undeniable. The ability to transmit data across national borders becomes a vital part of daily business development and operation, especially for multinational enterprises in areas such as IT, e-commerce, finance and high technology. Almost all economic activities with inte et applications must depend on the collecting, transfering and processing of data of customers, individuals, consumers, business information .... " No transfer, no trade" could be able to become a practical barrier to cross-border trade. The question is why countries must hinder cross-border data transfer when it is essential for inte ational trade? The answer is privacy and cybersecurity. Limiting cross-border data flows, technical requirements for data flow or even requiring data collectors to place data in their own country territory to ensure protection that block of data. In the current inte ational trade context, the country always has to consider two aspects, one is more freedom in accessing data to attract investment and trade development, but the other side is the core values have to protect, as privacy and security. When it comes to the privacy and security in Inte et platform, especially with the existence of the framework of new generation trade agreements such as CPTPP and EVFTA. Within CPTPP and EVFTA, Vietnam has made new commitment relating to regulations of cross-border data transfer. This article will examine the impacts of these commitments on Vietnamese law.

Food trade accounts for a major part of global trade, and domestic consumers are increasingly conce ed about the safety of imported food. The Trans-Pacific Partnership Agreement (TPP), now rebranded as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), represents a new model of mega-regional trade agreements, to set higher standards for promoting trade liberalization and ensuring the right to health protection in general and the right to safe food in particular of the citizens of member states. Therefore, the CPTPP stipulates more provisions on sanitary and phytosanitary (SPS) of members compared with the provisions of the SPS Agreement. These rules can be called “SPS plus”. This article analyzes the development of “SPS plus” in regional trade agreements (RTA); expression “SPS plus” through regulations on risk assessment and scientific evidence in the CPTPP; opportunities and challenges in implementing “SPS plus” requirements for risk assessment and scientific evidence when enacting regulations to ensure the safety of imported food in Vietnam.

Environmental protection, climate change has become a major conce of the parties negotiating and signing new generation free trade agreements in general and Vietnam in particular. Recently, Vietnam has signed a Free Trade Agreement between Vietnam and the European Union (EVFTA), which proposes promoting the development of renewable energy as an effective alte ative to polluted traditional energy. Chapter VII EVFTA noted explicitly the commitments of the parties to cooperate towards removing or reducing non-tariff barriers and fostering cooperation, taking into account, where appropriate, regional and inte ational standards. In addition to trade liberalization commitments, Article 7.6 of Chapter VII also regulates exceptions to members to protect the nation's non- trade issue. The paper will present certain Vietnam's non-trade issues in trade and investment in renewable energy generation, and then evaluate the degree of protection of these the mentioned issues in Chapter VII EVFTA.

Abstract: The global emergence and rapid spread of SARs-Covi-2 virus coupled with the serious devastation to human health has triggered many countries over the world to take series of measures for public health and national security protection. These measures, from the perspective of inte ational investment law, may be considered as expropriation of the foreign investor's assets if such measures seriously affect the investment and thus impose the host State adequate compensation liability. In this context, the police power doctrine can be invoked to prevent the claim for compensation from the investors, which is developed and adopted  in new generation free trade agreements to which Vietnam is a member such as CP-TPP and EVFTA. However, whether this doctrine can be applied when considering a measure taken by a state to control the pandemic is subject to the specific provisions of the investment protection agreement and their interpretation.  This article discusses the issue of protecting public health nested in the public interests to apply the police power doctrine in the context of inte ational investment, as countries have become increasingly attentive in preserving policy space to ensure their regulatory right, especially in the context of the Covid-19 pandemic. The paper will also evaluate the importance of this doctrine in the practice of negotiating inte ational investment agreements, especially those to which Vietnam is a signatory, in order to encourage countries to reassess development policy and strategy to achieve sustainable development goals. Keywords: COVID-19, CPTPP, EVFTA, police power, public health protection, inte ational investment.

Abstract Due to the global-scale impact of the pandemic COVID-19, the investors have witnessed an increasing trend of the adoption of national emergencies by the host State to fight against the crisis in various sectors. Currently, the investment protection system in the newly-emerged Free Trade Agreement (FTA)- The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) strives to shift the equilibrium of public interests and the investor’s rights into a more balanced position in both procedural and substantive aspects, some legal provisions regarding the scope of the State’s right to regulate within its police powers in certain “ necessary ” situations are deemed to be too vague to ensure the basis for a State's emergency measure. Here poses the question amidst the context of a pandemic that whether the investment provisions in such FTA are effective legal defense for host States to deal with arbitration claims brought by foreign investors. Hence, the paper analyses the nature of and legal consequences from the host state’s emergency measures adopted during the COVID-19 pandemic under the inte ational investment law, to assess and propose potential shields under CPTPP against arbitration claims for host States in such a controversial context. Keywords: new-generation FTA, CPTPP, emergency measures, COVID- 19 pandemic, legal defenses, legitimate public welfare objectives, public power.

Abstract: During the COVID-19 pandemic, the clash between the right to access to medicines as a fundamental human right and the economic interests of inte ational trade become more pronounced. Developers are doing their best in the race to find vaccines for the epidemic, while the States are struggling to ensure stockpiles of pharmaceuticals for domestic needs by implementing restriction/ban on the export of pharmaceuticals considered essential to fight against COVID-19, as well as enacting regulations on compulsory licensing for pharmaceuticals. These measures are sensitive in terms of various aspects of inte ational trade law such as trade in goods, intellectual property rights and inte ational investment, especially when the new generation of free trade agreements, such as the Trans-Pacific Partnership Agreement (CPTPP), contain specific provisions that member countries should take into account. This article will analyze the right to access to medicines during the COVID-19 pandemic with specific references to the provisions of the World Trade Organization (WTO) agreements and the CPTPP, with the aim of wa ing for future acts from Vietnam as a member of these free trade mechanisms. Keywords: right to access to medicines, COVID-19, intellectual property, inte ational trade, WTO, CPTPP.

Environmental protection, climate change has become a major conce of the parties negotiating and signing new generation free trade agreements in general and Vietnam in particular. Recently, Vietnam has signed a Free Trade Agreement between Vietnam and the European Union (EVFTA), which proposes promoting the development of renewable energy as an effective alte ative to polluted traditional energy. Chapter VII EVFTA noted explicitly the commitments of the parties to cooperate towards removing or reducing non-tariff barriers and fostering cooperation, taking into account, where appropriate, regional and inte ational standards. In addition to trade liberalization commitments, Article 7.6 of Chapter VII also regulates exceptions to members to protect the nation's non- trade issue. The paper will present certain Vietnam's non-trade issues in trade and investment in renewable energy generation, and then evaluate the degree of protection of these the mentioned issues in Chapter VII EVFTA.