<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>Efforts to promote renewable energy investment as a key strategy against environmental issues from fossil fuels have raised legal and financial challenges. Governments, adopting policies like feed-in tariffs (FiT), initially attracted foreign investment but later faced resource wastage issues. Canada’s experience with FiT programs has led to investor-State disputes, underscoring the risks of not meeting the Fair and Equitable Treatment (FET) standard under the North American Free Trade Agreement (NAFTA). This article aims to provide recommendations to mitigate the risks of government’s policies that may lead to substantial legal disputes and hinder sustainable energy development. It delves into analyzing FET standards from arbitral practices in enforcing FiT programs, drawing lessons from Canada’s experiences to offer implications for Vietnam.</p>
</abstract>

Efforts to promote renewable energy investment as a key strategy against environmental issues from fossil fuels have raised legal and financial challenges. Governments, adopting policies like feed-in tariffs (FiT), initially attracted foreign investment but later faced resource wastage issues. Canada’s experience with FiT programs has led to investor-State disputes, underscoring the risks of not meeting the Fair and Equitable Treatment (FET) standard under the North American Free Trade Agreement (NAFTA). This article aims to provide recommendations to mitigate the risks of government’s policies that may lead to substantial legal disputes and hinder sustainable energy development. It delves into analyzing FET standards from arbitral practices in enforcing FiT programs, drawing lessons from Canada’s experiences to offer implications for Vietnam.

When Haste Makes Waste: Fair And Equitable Treatment Violations In Canada’s Feed-In Tariff Program Implementation And Lessons For Vietnam

Faculty of International Law Ho Chi Minh City University of Law

Vietnamese Journal of Legal Sciences

This work is licensed under the Creative Commons Attribution 4.0 International License.

Efforts to promote renewable energy investment as a key strategy against environmental issues from fossil fuels have raised legal and financial challenges....

When Haste Makes Waste: Fair And Equitable Treatment Violations In Canada’s Feed-In Tariff Program Implementation And Lessons For Vietnam

Published Online: Dec 27, 2023

Page range: 27 - 50

Received: Dec 05, 2023

Accepted: Dec 19, 2023

DOI: https://doi.org/10.2478/vjls-2023-0008

Keywords
feed-in tariff, renewable energy, fair and equitable treatment, investor-State dispute settlement, NAFTA, CPTPP

© 2023 Nguyen Xuan My Hien, published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

When Haste Makes Waste: Fair And Equitable Treatment Violations In Canada’s Feed-In Tariff Program Implementation And Lessons For Vietnam

Published Online: Dec 27, 2023

Page range: 27 - 50

Received: Dec 05, 2023

Accepted: Dec 19, 2023

DOI: https://doi.org/10.2478/vjls-2023-0008

Keywordsfeed-in tariff, renewable energy, fair and equitable treatment, investor-State dispute settlement, NAFTA, CPTPP

© 2023 Nguyen Xuan My Hien, published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

Keywords
feed-in tariff, renewable energy, fair and equitable treatment, investor-State dispute settlement, NAFTA, CPTPP