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Preserving State Regulatory Autonomy through General Exception Clauses in International Investment Agreements: Insights from Vietnam Cover

Preserving State Regulatory Autonomy through General Exception Clauses in International Investment Agreements: Insights from Vietnam

Open Access
|Aug 2025

Abstract

International investment law has long been criticized for favoring investor protections over States’ regulatory autonomy. This imbalance may create a “chilling effect”, where governments hesitate to enact public interest regulations due to their fear of facing claims from foreign investors. To address this, States are increasingly incorporating general exception clauses in international investment agreements (IIAs) to safeguard their regulatory autonomy. However, the effectiveness of these clauses remains contentious, with concerns over narrow interpretations by arbitral tribunals and limited case law on their application. This article examines the use of general exception clauses in treaty practices and their interpretation in recent investor-State disputes. It further evaluates the relevance of these clauses for Vietnam, offering recommendations for drafting effective clauses to protect the regulatory sovereignty of host States.

DOI: https://doi.org/10.2478/vjls-2025-0009 | Journal eISSN: 2719-3004 | Journal ISSN: 2719-5872
Language: English
Page range: 18 - 38
Submitted on: Oct 23, 2024
Accepted on: Feb 15, 2025
Published on: Aug 29, 2025
Published by: Hochiminh City University of Law
In partnership with: Paradigm Publishing Services
Publication frequency: 3 issues per year

© 2025 Dao Kim Anh, Dang Phuong Nhi, Pham Hai Quyen, published by Hochiminh City University of Law
This work is licensed under the Creative Commons Attribution 4.0 License.