Provisions on expropriation of property rights of investors in the European Union-Vietnam Investment Protection Agreement

Abstract

Provisions on expropriation of property rights of investors are indispensable in international investment agreements as they set conditions, standards, and compensation mechanisms to protect investors’s legitimate interests. Although the EU-Vietnam Investment Protection Agreement (EVIPA) has not officially taken effect, the provision in Section 2.7 EVIPA on depriving investors of property rights is modern and standard, and can also be used as a reference in future negotiations of international investment agreements. The article synthesises the theoretical basis for classifying acts, principles, and conditions for expropriating investors' property rights in international investment law, and analyses the structure of corresponding provisions in the EVIPA.