HẠN NGẠCH PHÁT THẢI KHÍ NHÀ KÍNH TRONG TRANH CHẤP ĐẦU TƯ QUỐC TẾ: PHÂN TÍCH VỤ KOCH INDUSTRIES KHỞI KIỆN CANADA VÀ MỘT SỐ KINH NGHIỆM CHO VIỆT NAM

Abstract

Emission allowances have emerged as a government tool for controlling emissions and a key object of cross-border investment in recent decades. Disputes surrounding the determination of whether emission allowances fall within the scope of protection of International Investment Agreements have posed significant challenges for investment arbitration as well as for the parties involved. The absence of clear provisions in IIAs regarding the legal status of emission allowances has not only created legal uncertainty but also increased risks for investors, especially in the context of rapidly evolving national carbon market policies.  This article focuses on analyzing the case of Koch Industries, Inc. and Koch Supply & Trading, LP v. Canada. From this case, the article both identifies the arbitral tribunal’s approach to disputes over emission allowances between foreign investors and host states and examines the legal issues arising from such disputes. The lessons drawn from this case provide valuable insights for Vietnam in designing its carbon market in the international context and in resolving related international investment disputes in the future