NON-TRADITIONAL SECURITY ISSUES IN INTERNATIONAL LAW – ASEAN PRACTICE AND VIETNAM’S PARTICIPATION IN ASEAN

MINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE HANOI LAW UNIVERSITY HOANG VIET HUNG NON-TRADITIONAL SECURITY ISSUES IN INTERNATIONAL LAW – ASEAN PRACTICE AND VIETNAM’S PARTIC

MINISTRY OF EDUCATION AND

TRAINING

MINISTRY OF JUSTICE

HANOI LAW UNIVERSITY

HOANG VIET HUNG

NON-TRADITIONAL SECURITY ISSUES IN INTERNATIONAL LAW – ASEAN PRACTICE AND VIETNAM’S PARTICIPATION IN ASEAN

Major: International Law Code: 9 38 01 08

A SUMMARY OF THE PhD THESIS

HANOI - 2024

The PhD thesis is accomplished at Hanoi Law University

Advisors/Supervisors: 1 Dr Trinh Hai Yen

2 Dr Nguyen Toan Thang

Critique 1: Assoc.Prof Dinh Ngoc Vuong

Critique 2: Assoc.Prof Nguyen Tien Vinh

Critique 3: Assoc.Prof Nguyen Ngoc Ha.

LIST OF SCIENTIFIC RESEARCH WORKS

RELATED TO THESIS TOPIC

1 Hoang Viet Hung (2023), “Vietnam’s participation in the ASEAN disaster management and humanitarian assistance mechanism and some proposals”,

Journal of State and Law, No 8 (424), P 51-60

2 Hoang Viet Hung (2023), “Principle of non-interference in internal affairs in AHA’s humanitarian assistance and disaster management activities and some issues facing Vietnam”, Law Journal and Development,

No 9+10, 2023, P 27-33

PREAMBLE

1 Reason for choosing the topic

Non-traditional security (NTS) is a relatively new concept in the field of security research and international relations research around the world NTS can

be understood as a type of transnational security caused by non-political and non-military factors, directly affecting the stability, development, and security

of each country, region, and even globally The content of NTS is pressing issues that are emerging today such as Resource depletion; Population explosion; Depletion of the Ecosystem; Religious and ethnic conflicts; Poverty; Disease, and Transnational crime Until now, the international community has not yet reached a consensus on the connotation of the concept of security in general and NTS in particular Therefore, the international legal framework governing this issue is still considered an open issue, requiring many research projects to analyze in depth the concepts, principles, and system of legal norms internationally in adjusting transnational, diverse, complex, and difficult-to-predict issues under NTS

Nowadays, NTS is an issue that is attracting increasingly focused attention

in all Southeast Asia countries, with non-military issues such as economic crisis, and cross-border environmental issues such as dust, epidemics, and transnational crime, etc New security issues are often on the agenda of Asian Regional Institutions such as ASEAN, ASEAN+, as well as informal networks (Channel II) Although, ASEAN has high political determination, however, the level of ASEAN's handling of NTS challenges is still limited Therefore, in-depth research on the law and practice of implementing cooperation to ensure ASEAN's NTS will contribute to orienting Vietnam in the process of participating in ASEAN

Vietnam is one of the countries that has been strongly affected by thread non - traditional security Existing security challenges are becoming more and more obvious and directly impact all fields from economy, society, and culture

to defense and security Security threats and challenges in Vietnam are changing in a negative direction for human life, challenging the country's sustainable development Researching Vietnam's participation in ASEAN to deal with NTS challenges Based on the results of the research, provide solutions for Vietnam to continue to actively and proactively cooperate with ASEAN in the NTS area Moreover, building an increasingly stable and prosperous ASEAN region

From the above issues, coming from scientific and practical requirements,

the Ph.D candidate chose the topic "Non-traditional security issues in

international law – ASEAN practice and Vietnam’s participation in ASEAN"

to do a Ph.D research thesis

2 Research purposes and objectives

2.1 Research purposes

The Ph.D thesis points out the gaps in the deal to NTS’ challenges on the international, ASEAN, and Vietnam After that, the thesis will propose solutions to improve international law and propose solutions and guiding methods that can promote the improvement of Vietnam’s legal policies on NTS

in cooperation with ASEAN

2.2 Research objectives

- Clarifying Theoretical NTS issues such as circumstances arise and scientific conceptualization of NTS in the world From that, build a full NTS definition;

- Point out NTS threats and the concept of those threats;

- Assess international legal standards to deal with NTS challenges in some fields, thereby providing measures to ensure NTS;

- Analyse the development of ASEAN law to deal with NTS challenges;

- Analyse the ASEAN NTS cooperation practices in some typical cooperation frameworks;

- Assess the effectiveness and limitations of NTS cooperation in ASEAN and clarify the participation of VietNam in ASEAN to cope with NTS challenges

3 Research Objectives and Scope

- The Vietnamese Communist Party’s viewpoints, guidelines and policies

on NTS and Vietnam’s participation in ASEAN;

- Vietnam’s directions and Solutions in ensuring non-traditional sẻuity in the country and participation in ASEAN

3.2 Research scope

Within the framework of a Ph.D thesis in Jurisprudence, the thesis will focus on 4 main contents related to the issue: Environmental security, health security, maritime security, and transnational crime

Space studies: Research on security issues at the level of international law,

ASEAN region and Vietnam

Regarding time: The thesis researches the issue of NTS from the formation

of the concept of NTS until now

4 Research methodology and methods

4.1 Methodology

The thesis is based on the scientific methodology of Marxism–Leninism (theoretical basis) Moreover, apply other theories such as the theory of security cooperation and the theory of comprehensive security, game theory,

4.2 Research Methods

The thesis uses research methods: Document analysis, statistics, comparison, expert consultation, synthesis, combination of theoretical and practical research, case studies,

5 Theoretical basis for research of the thesis topic

5.1 Research question

First, what are the security threats globally and in the ASEAN region? Second, what are the provisions of international law and ASEAN's legal

framework in responding to NTS issues?

Third, what is the current practice of implementing activities to ensure

safety and security in ASEAN?

Fourth, how does Vietnam participate in ensuring security in ASEAN and

what are the solutions to ensure effective response to Vietnam's current security issues?

5.2 Research hypothesis

Firstly, NTS cooperation is a cooperative activity to deal with non-military

threats to maintain regional, and global security as well as of each country in the world

Second, security issues are recorded in documents belonging to “hard law”

and “soft law” sources; For ASEAN, the “soft law” source is the main source

Third, NTS cooperation in ASEAN is implemented within the framework

of intra-bloc cooperation and extra-bloc cooperation

Fourth, Vietnam always actively participates in cooperation with member

countries within the ASEAN framework to deal with security challenges and in fact that cooperation has achieved certain effects in maintaining security national and regional security

6 New conclusion of the thesis

The thesis has made the following new scientific contributions:

Firstly, the thesis has he thesis has synthesized and compared different

perspectives on non-traditional security through periods of world development The thesis also points out the advantages and disadvantages of these perspectives From there, clarification the PhD candidate’s perspective on non-traditional security issues in the current context and in the coming time

Secondly, the thesis deeply analyzed ASEAN’s perceptions and perspectives

on non-traditional security and ASEAN’s cooperation mechanisms in ensuring non-traditional security, thereby evaluating the effectiveness of this mechanism.,

as well as limitations in non-traditional security cooperation in ASEAN

Thirdly, based on in-depth analysis of ASEAN’s theory and practice, the

PhD candidate has analyzed the reality of Vietnam’s participation in traditional security cooperation mechanisms in ASEAN Based on the assessment of Vietnam’s advantages and disadvantages in the process of participating in cooperation with ASEAN to ensure non-traditional security, the thesis has proposed directions and solutions to increase Vietnam’s participation

non-to ensure non-traditional security in the ASEAN region

7 Scientific and practical significance of the thesis

Researching the thesis topic has the following scientific and practical significance:

- The thesis contributes to the theoretical development of the concept of NTS by comparing the connotation of NTS through different periods and international documents;

- The thesis points out the practical awareness and legal regulations of ASEAN on security threats, thereby assessing the effectiveness and limitations

of security cooperation in ASEAN and Vietnam's participation in ASEAN;

- The thesis offers solutions for improving international law and other solutions in cooperation to deal with security challenges;

- The thesis proposes specific solutions and directions to build and improve Vietnam's policies and laws in international cooperation on security and safety;

- The thesis can be used as a reference in research, teaching, and learning

in training and research institutions

8 Structure of the thesis

The layout of the thesis is built by the proposed purpose and scope of research The thesis has an Introduction, Overview, Conclusion, List of references, and 03 chapters, specifically as follows:

Chapter 1: Theoretical issues on non-traditional security and international law on ensuring non-traditional security

Chapter 2: ASEAN's laws and practices on ensuring non-traditional security

Chapter 3: Practical implementation of Vietnam’s international commitments in ASEAN and directions and solutions to ensure non-traditional security in the ASEAN region

OVERVIEW OF RESEARCH RELATED TO THE SUBJECT

Through the process of researching documents at home and abroad, it can

be seen that scientific research projects have solved the following main issues: Regarding theory, research works have clarified theoretical issues about NTS such as the formation process, concepts, and characteristics of traditional security Mentioned the core and key issues of the NTS field such as: Environmental security, health security, community security, food security, personal security, and proposed projects Reporting developments in the NTS situation in ASEAN, while identifying that strengthening international and regional cooperation and coordinated action is an important solution to respond

to NTS threats in the current context

In terms of legality, research works, although at different levels and scopes,

have pointed out some basic legal issues about NTS cooperation in ASEAN such as legal basis, legal institutions, and cooperate content…

In practice, based on the analysis of legal issues on NTS cooperation, a

few works have related to the practice of cooperation in some ASEAN member countries to highlight the positive points and limitations of NTS cooperation in ASEAN

Regarding issues related to Vietnam, some authors in related works have

proposed several solutions to respond to NTS threats In addition, a few works mention bilateral cooperation between Vietnam and some ASEAN member countries on cooperation to deal with NTS challenges in specific fields

Besides the results achieved, these studies still have the following limitations:

Firstly, there has not been any research work from the perspective of

approaching international law in ensuring NTS most completely

Second, for research projects on NTS cooperation in ASEAN as a

demonstration of regional cooperation in this field, we should only briefly present the concept of NTS in ASEAN to highlight how to approach NTS in ASEAN without clarifying the cooperation mechanism to deal with threats from NTS challenges among member countries

Third, for specialized research projects on NTS cooperation in ASEAN:

The number of specialized research projects on NTS cooperation in ASEAN is not much and these works stop introducing one aspect of NTS such as the impact of NTS on countries in Southeast Asia, dealing with NTS from the perspective of ASEAN defense and security cooperation, etc., so there is a lack

of comprehensive and profound conclusions on the theory, law as well as practice of NTS cooperation in ASEAN

Fourth, domestic and foreign research projects on NTS cooperation in

ASEAN are mostly researched by economists or international relations There are almost no works at home or abroad that systematically address and resolve theoretical, international legal, and practical issues on NTS cooperation in general and in ASEAN in particular

Fifth, research works that analyze the issue of peace security in relations in

Southeast Asia and Vietnam currently only state the current situation and impact of security peace on relations in the region and Vietnam, thereby bringing solutions but does not specifically analyze the most specific directions and measures in cooperation to deal with NTS

Although previous works at home and abroad have clarified to a certain extent some issues related to the topic as presented above, there are still many theoretical issues Arguments, laws, and practices on NTS cooperation need to

be studied or further deepened:

- Theoretical: Summarize, systematize, and deepen theoretical issues on

NTS, international law on NTS, NTS cooperation in ASEAN, especially clarifying the concept of NTS, NTS cooperation in ASEAN, history of NTS cooperation in ASEAN, the role of NTS cooperation in ASEAN

- Legal: Clarifying the international legal basis in NTS cooperation in

general, in the practice of NTS cooperation in ASEAN and between Vietnam and ASEAN Comprehensive and systematic research on international legal issues related to NTS cooperation, in some typical cooperation frameworks of ASEAN and cooperation between Vietnam and ASEAN

- Regarding practice: Analyze the practice of NTS cooperation in ASEAN

in several ASEAN cooperation frameworks, from which there are assessments

of the effectiveness and limitations of NTS cooperation in ASEAN At the same time, evaluate Vietnam’s practice of participating in NTS cooperation in ASEAN

CHAPTER 1 THEORETICAL ISSUES OF SECURITY NON-TRADITIONAL AND INTERNATIONAL LAW ON NON-TRADITIONAL SECURITY

ENSURE

1.1 Theoretical issues of non-traditional security

1.1.1 The process of formation and development of non-traditional security issues

After the Cold War ended, the world shifted from confrontation to dialogue

to work together to build a world of peace and development The approach to security in the direction of expanding its connotation has been increasingly studied by scholars, and the meaning of security has expanded to include NTS and has also been mentioned by the United Nations (UN) since the Cold War

The UN's perspective on the new security concept is through 7 constituent elements of this “human security - new security” concept including Economic security, food security, health security (or health), environmental security, community security, political security, and personal security

According to ASEAN’s approach, security is comprehensive security, understood as pursuing security goals in all areas (human, political, economic, social, cultural, defense, and environment) both inside and outside the country Thus, it can be seen that the NTS was born after the end of the Cold War and is still not unified However, the security approach towards shifting from thinking about national security to human security is considered a popular understanding and is considered the general view on NTS today

1.1.2 The facility presents non-traditional security issues

First, the trend of global cooperation and integration in all aspects,

especially in the context of globalization and the rise of a unipolar world

Second, due to the downside of globalization and international economic

integration

Third, the downside of the Industrial Revolution gave rise to problems that

people need to care about, which are the dangers of cybercrime, and cyberterrorism,

Fourth, the legal system is not yet complete to promptly adjust newly

arising relationships and the management of some countries is still limited, leading to challenges from cross-border crimes illegal immigration issue

Fifth, is the poverty situation of some countries

1.1.3 Definition and characteristics of non-traditional security

1.1.3.1 Definition of non-traditional security

NTS are guarantees of safety and freedom for people, countries, and the international community against non-military challenges and threats originating from natural and social factors that occur and impact in many areas of political life, economics, culture, society, information, environment, health, human rights, crime, etc., is comprehensive, transnational, and highly dangerous, threatening the life, happiness, and dignity of people, national independence, national sovereignty, the international community, and all humanity

1.1.3.2 Non-traditional security features

First, NTS can be divided into two types, violent and non-violent

Second, NTS has a transnational character and is often a regional or global

issue

Third, NTS problems are often transformative problems

Fourth, NTS problems are often motor problems and difficult to identify

1.1.4 The relationship between traditional security and non-traditional security

First, The concept of NTS is formed based on the expansion of the concept

of security and order In that context, NTS was born to add new fields that threaten the security of each country

Second, National security has a connotation that includes both security and

information security Therefore, two security issues always coexist in one country, are intertwined, even impact and have the ability to transform each other From NTS, it can transform into security and order and vice versa

1.1.5 Non-traditional security threats and concept

1.1.5.1 Non-traditional security threats

With the NTS approach as a new framework of security, the UN identifies seven constituent elements of the concept of "new security" including Economic security, food security, health security (or health), environmental security, community security, political security, and personal security

1.1.5.2 The basic content of NTS in some important areas

It can be seen that the content of the NTS is very broad and difficult to predict It comes from natural and social factors all over the world, affecting most fields NTS also has comprehensive, transnational characters Currently, there are many different understandings of the content of the NTS This thesis will focus on researching 4 areas of NTS which serious in ASEAN, consisting

of Health security, environmental security, transnational crime, and maritime security

1.1.6 Meaning of NTS assurance activities

First, ensure that NTS has contributed to forming the overall perspective in

the awareness and actions of countries as well as the international community

on global issues From there, we agreed to develop international legal regulations on this issue

Second, ensure NTS promotes the trend of peace and cooperation in the

world

Third, ensure that NTS promotes countries to voluntarily and actively

participate in international cooperation activities

Fourth, ensuring NTS in international relations contributes to affirming the

role of international organizations, which emphasizes the role of the UN in handling regional and global issues

Fifth, NTS requires raising awareness of international law because

international law with its system of principles and legal norms establishes rights, obligations, and responsibilities for subjects

1.2 International law to ensure NTS

1.2.1 International legal framework on NTS

The international legal framework is recognized in international treaties such as the Geneva Convention on large-scale transboundary atmospheric pollution in 1979, and the Kyoto Protocol on air pollution reduction Carbon dioxide emissions, 2000 Palermo Convention on Transnational Organized Crime, 1982 Convention on the Law of the Sea, 1937 Convention on the Prevention and Punishment of Terrorism, 1937 Convention on the Prevention and Punishment of International Terrorism bombing in 1997, Convention on the Prevention and Punishment of the Financing of Terrorism in 1999, Rome Convention on Combating Unlawful Acts Against Maritime Security in 1988, International Convention on Economic, Social and Cultural Rights 1966 (ICESCR), Convention against All Forms of Discrimination against Women

1979 (CEDAW), Convention on the Rights of the Child 1989, Convention on the Organization of International Maritime Organization 1948, Convention on the Facilitation of International Maritime Traffic 1965, International Rules for the Prevention of Collisions at Sea 1972, International Convention for the Prevention of Pollution from Ships 1972 1973, International Convention for the Safety of Life at Sea 1974, International Convention on Maritime Search and Rescue 1979, Convention for the Prevention of Unlawful Acts Against the Safety of Navigation 1979 1988,…

However, with the complex nature of NTS challenges, it is not easy to reach a consensus by signing international treaties to regulate all areas of the NTS NTS challenges are largely resolved through a variety of other non-binding agreements - international soft law Although not binding, many countries have voluntarily implemented agreements to strengthen their political reputation in the international arena and demonstrate their role in common security issues of the community

1.3 Solutions to enhance non-traditional security

Firstly, enhance the role of intergovernmental international organizations

at the global and regional levels to promote discussion forums and build global and regional multilateral international treaties on the NTS problem

Second, there needs to be a UN resolution on NTS

Third, national autonomy and sovereignty must be ensured in ensuring

NTS

Fourth, promote bilateral and multilateral cooperation between countries in

solving NTS issues

CHAPTER 2 ASEAN LAW AND PRACTICE ON NON-TRADITIONAL

SECURITY ENSURE

2.1 Overview of ASEAN’s Nontraditional Security Activities

2.1.1 ASEAN's approach to non-traditional security

The security concept approached by ASEAN is comprehensive security, that is, pursuing security goals in all fields (human, political, economic, social, cultural, defense, and environmental) , ) both inside and outside the country and NTS is one of the elements that constitute common security ASEAN member countries also have a common view in identifying, handling, and responding to NTS challenges

2.1.2 Threats to ASEAN’s non-traditional security

ASEAN is a region with an uneven level of development, the characteristics of each country are different, so the NTS issues in each country are different, but in general, ASEAN countries are facing problems The following main NTS are climate change, natural resource depletion, epidemics, financial and currency crises, food shortages, poverty, and transnational crime

In addition, there are many other NTS threats such as earthquakes, tsunamis, terrorism, etc., which pose many potential risks to national and regional security

2.1.3 The significance of ASEAN’s non-traditional security activities

NTS challenges, typically environmental security, high-tech crime, illegal migration, not only threaten human security, economic security, food security, but also one of the major risks threatening national security and the survival of humanity Ensuring natural resources ensure safety and no danger for individuals, nations, and all humanity against threats of new and unstable origin such as the economy, society, environment, health, human rights; national and ethnic values such as social traditions and ethnic relations; cultural integrity, prosperity, and economic development,

2.2 Legal issues on ensuring non-traditional security of ASEAN

2.2.1 Legal basis of ASEAN’s non-traditional security cooperation activities

2.2.1.1 Treaties

Several ASEAN treaties regulate regional NTS issues such as the ASEAN Charter, Treaty of Amity and Cooperation in Southeast Asia in 1976, ASEAN Agreement on Disaster Management and Emergency Response in 2005, ASEAN Agreement on Combating Transboundary Haze Pollution in 2002, ASEAN Convention on Counter-Terrorism in 2007, ASEAN Convention on Preventing Trafficking in Persons, Especially Women and Children in 2015