WTO + and WTO-X provisions in the European Union-Vietnam Free Trade Agreement: a ‘fruit salad tree’ is yet to grow

Abstract

The European Union-Vietnam Free Trade Agreement (EVFTA) is an ambitious regional trade agreement, signed by both parties in 2019 and ratified by the European Parliament in February 2020. Like many other ‘new-generation’ RTAs, this agreement is well known for its WTO + and WTO-X provisions. This paper analyzes typical WTO + and WTO-X provisions of the EVFTA, focusing on their concepts, contents and legal enforceability. This paper argues that environmental and human rights protection provisions, which are ‘grafted’ into the regional trade legal system under the form of WTO-X provisions, do not have the same legal value as WTO + provisions. As a result, the EVFTA remains mainly a trade agreement and cannot be counted upon as the sufficient condition to establish harmonization between pillars of sustainable development.