Enhancing the Environmental Impact Assessment for the Foreign Direct Investment Regime in Vietnam: an Analysis from Integration Perspective
Downloads
Foreign direct investment (FDI) plays an important role in the economic growth of Vietnam, contributing to nearly 22 per cent of the GDP. To attract FDI the government has committed to promoting investment climate and ensuring FDI protection under various international arrangements. FDI inflows into the manufacturing and processing sectors have seen a strong increase after Vietnam’s successful accession to the WTO. However, FDI also contributes to various environmental problems and challenges in Vietnam. From 2008 to 2017, most serious environmental disputes related to manufacturing activities were caused by FDI enterprises. The sanctions against FDI enterprises, however, may jeopardise the state’s responsibilities under investment protection treaties. One of the few realistic approaches to strengthening the environmental management of FDI is to promote the participation of the public in the environmental risk assessment and amend the investment treaties to regulate the issue of environment management. This study will adopt an integrative approach by integrating the rules and principles of environmental management into the FDI regime of Vietnam.
Downloads
Benedict Kerkvliet, Authorities and the Peoples: An Analysis of State-Society Relations in Vietnam (Post-war V, Rowan and Littlefield 2003).
Bruch Carl, ‘Assessing the Assessments: Improving Methodologies for Impact Assessment in Trans Boundary Watercourses’ (2007) 23 International Journal of Water Resources Development.
DEDC, ‘Vietnam Economic Overview & Trade Analysis’ (DEDC, 2016) LINK accessed 10 February 2017.
Diep Pham and Mai Ngoc Chau, ‘Beaches of Dead Fish Test New Vietnam Government’s Response’ (Bloomberg, 2016) LINK accessed 10 October 2017.
Dinh Duc Truong, ‘Quản Lý Môi Trường Tại Các Doanh Nghiệp đầu Tư Nước Ngoài (FDI) Tại Việt Nam [Managing Environment Issues at the Foreign Invested Enterprises in Vietnam]’ (2015) 31 VNU Journal of Science.
Doberstein Brent, ‘Environmental Capacity Building in a Transitional Economy: The Emergence of EIA Capacity in Vietnam’ (2003) 21 Impact Assessment and Project Appraisal.
Hue Minh, ‘Formosa Has “overtaken” Peoples [Formosa “qua Mặt” Người dâN]’ Thanh Niên Newspaper (26 April 2016) LINK.
Huong Dieu, ‘Prime Minister Nguyen Xuan Phuc: To Close the Steel Plant If Formosa Violates Again [Thủ Tướng Nguyễn Xuân Phúc: Nếu Formosa vi Phạm Trở Lại Sẽ Đóng Cửa Nhà Máy]’ (baomoi, 2017) LINK accessed 10 October 2017.
Jeswald W Salacuse, The Law of Investment Treaties (2nd edn, OUP 2015).
Karl P. Sauvant and Lisa E. Sachs, The Effect of Treaties on Foreign Direct Investment: Bilateral Investment Treaties, Double Taxation Treaties, and Investment Flows (OUP 2009).
Lux Steven and Jeffrey Straussman, ‘Searching for Balance: Vietnamese NGOs Operating in a State-Led Civil Society’ (2004) 24 Public Administration and Development.
Madeline Cohen, ‘A New Menu for the Hard Rock Cafe: International Mining Ventures and Environmental Cooperation in Developing Countries’ (1996) 15 Stanford Environmental Law Journal.
MONRE, ‘Report on the Environmental Issues at FDI Projects Period 2015-2017 (Báo Các Đánh Giá Vấn Đề Môi Trường Tại Các Dự Án Có Vốn Đầu Tư Nước Ngoài)’ (2017).
Ngoc Lan, ‘Formosa Agrees to Compensate US$500 Million for Mass Fish Deaths’ (Saigon Times online, 2016) LINK accessed 10 October 2017.
Nguyen Hoai, ‘Environmental Impact Assessment Was Sketchy, What Did The Approver Say? (Đánh Giá Tác Động Môi Trường Formosa Sơ Sài, Người Phê Duyệt Nói Gì?)’ Tien Phong Newspaper (20 July 2016) LINK.
Reuters, ‘Vietnam, Grappling with Mass Fish Deaths, Clamps down on Seafood Sales’ (Reuters, 2017) LINK accessed 10 October 2017.
Tan Alan Khee-Jin, ‘Environmental Laws and Institutions in Southeast Asia: A Review of Recent Developments’ (2004) 1 Singapore Yearbook of International Law.
Tran Viet Dung, ‘Expropriation of Foreign Investors Assets upon Environmental Violation [Truất Hữu Tài Sản Của Nhà Đầu Tư Nước Ngoài Trong Trường Hợp Làm ô Nhiễm Môi Trường]’ (2016) 99 Journal of Legal Science.
UNCTAD, ‘Investment Policy Hub’ (unctad) LINK accessed 13 October 2017.
World Bank, ‘Vietnam Development Report 2006-Business’ (World Bank, 2006) LINK accessed 15 October 2017.