MINISTRY OF JUSTICE MINISTRY OF EDUCATION ANDTRAINING | HANOI LAW UNIVERSITY PHAM QUANG MINH 463322 GRADUATION THESIS STATES' OBLIGATIONS UNDER THE LAW OF THE SEA FOR MARINE ENVIRONMENTA
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The research contributes to theoretical understanding of marine environmental law by examining how traditional marine pollution frameworks evolve to address climate impacts By investigating the interaction between climate and ocean governance regimes,the study advances understanding of regime interaction in international environmental governance The interdisciplinary approach combining legal analysis with environmental science helps develop holistic understanding of complex socio-ecological challenges.
3.2 Practical significance of the research
For Vietnamese policymakers, the research provides analysis of implementation challenges and potential pathways for enhancing effectiveness The recommendations offer practical solutions tailored to Vietnam's circumstances The analysis also offers insights relevant for other developing coastal states facing similar challenges, contributing to broader discussions regarding capacity building and effective implementation of international environmental obligations.
The research aims to achieve several interconnected objectives:
First, to systematically analyze international legal frameworks establishing state obligations for marine environmental protection, with particular attention to evolving climate dimensions.
Second, to evaluate Vietnam's current implementation of marine environmental protection obligations as a coastal state, identifying strengths, weaknesses, and challenges.
Third, to formulate specific recommendations for enhancing Vietnam's implementation of marine environmental protection obligations, particularly regarding climate-related dimensions.
Fourth, to contribute to broader scholarly discussions regarding the relationship between climate change and marine environmental governance.
5 Subjects and scope of the research
The primary research subjects include international legal frameworks establishing state obligations for marine environmental protection, particularly UNCLOS and related instruments, alongside climate change agreements with marine dimensions. Additionally, the research examines Vietnam's national legal and policy frameworks for marine environmental protection, including specialized legislation, implementing regulations, and national strategies.
Geographically, the research focuses primarily on international frameworks with global application while examining regional arrangements relevant to Southeast Asia.
The Vietnam case study provides detailed analysis of national implementation within one coastal state context.
Substantively, the research focuses on legal obligations for marine environmental protection rather than technical aspects of marine science or specific pollution control technologies Temporally, the research examines developments through early 2024, including the ITLOS Advisory Opinion on climate change and the law of the sea issued in May 2024.
The research employs doctrinal legal analysis examining primary legal sources such as treaties, customary law principles, jurisprudence, and soft law instruments. Comparative analysis examines relationships between different legal regimes, particularly climate change and marine environmental frameworks Case study methodology examines Vietnam's implementation experience in detail, while interdisciplinary approaches incorporate scientific understanding of marine ecosystems and climate impacts to inform legal analysis.
Apart from the Introduction, Conclusion, and References, the thesis includes the following chapters:
Chapter 1: Overview of Marine Environmental Protection in the Context of Climate Change;
Chapter 2: International Legal Framework on State Obligations in the Protection of the Marine Environment in the Context of Climate Change;
Chapter 3: Situation of Vietnam Implementation of Marine EnvironmentalProtection Obligations as a Coastal State and Recommendations.
CHAPTER 1: OVERVIEW OF MARINE ENVIRONMENTAL
PROTECTION IN THE CONTEXT OF CLIMATE CHANGE
1.1 Definition of Marine Environment, Marine Pollution and Climate Change 1.1.1 Marine Environment
The marine environment encompasses a complex and interconnected ecosystem comprising oceans, seas, coastal areas, and their associated flora, fauna, and physical features As defined by UNCLOS regarding marine environmental pollution, it includes "the oceans and all seas and adjacent coastal areas", as well as
"the protection and preservation of the marine ecosystem” Such a holistic definition recognizes that marine environments constitute integrated systems rather than merely bodies of water.
The significance of marine environmental protection stems from several critical factors Oceans cover approximately 71% of Earth's surface and contain 97% of the planet's water, making them fundamental to global ecosystem functioning. Indeed, they serve as primary regulators of climate by absorbing approximately 30% of anthropogenic carbon dioxide emissions and over 90% of excess heat resulting from greenhouse gas emissions” Ocean currents distribute heat globally, thereby significantly influencing regional climates and weather patterns.
Marine environments also represent extraordinary reservoirs of biodiversity, housing approximately 250,000 described species and potentially millions yet undiscovered® Remarkably, such biodiversity provides ecological resilience, supports food security, and offers promising biochemical and pharmaceutical potential Notably, marine genetic resources have yielded numerous bioactive compounds with applications in medicine, including anti-cancer, anti-inflammatory, and antimicrobial treatments The vast genetic library contained within marine organisms represents what some scholars have termed "the medicine cabinet of the 21st century”7.
From an economic perspective, healthy marine environments underpin substantial human activities The OECD estimates that ocean-based industries contribute approximately $1.5 trillion annually to global value-added, supporting over 31 million direct full-time jobs* Fisheries and aquaculture alone provide
4 United Nations Convention on the Law of the Sea, Dec 10, 1982, Art 1(1)(4) [hereinafter UNCLOS].
> Intergovernmental Panel on Climate Change (IPCC) (2019), Special Report on the Ocean and Cryosphere in a Changing Climate, Chapter 5. ® World Register of Marine Species (2022), Statistics, http://Awww.marinespecies.org/statistics
7 TF Molinski (2014), Marine Natural Products as Lead Compounds for Drug Discovery, Expert Opinion on Drug Discovery 9, p 956.
8 Organization for Economic Cooperation and Development (OECD) (2016), The Ocean Economy in 2030, p.
13. primary protein sources for over 3 billion people worldwide and support the livelihoods of approximately 820 million people’ Moreover, coastal tourism, shipping, offshore energy production, and emerging blue economy sectors further demonstrate the economic significance of marine resources.
Beyond tangible benefits, marine environments hold profound cultural importance for many communities Coastal indigenous peoples have developed rich traditions, knowledge systems, and spiritual practices intimately connected with ocean resources The cultural dimensions add immeasurable value to marine conservation efforts and highlight the importance of inclusive governance approaches that respect traditional ecological knowledge Indigenous peoples' relationships with marine environments embody “not merely resource dependencies but complex socio- ecological systems with intrinsic spiritual and cultural values!?.
The accelerating degradation of marine environments therefore represents a crisis of global proportions Major threats include chemical pollution, plastic debris, nutrient runoff creating hypoxic "dead zones," overfishing depleting fish stocks, habitat destruction, invasive species, and climate-related impacts including ocean acidification, warming, and deoxygenation!! Alarmingly, the stressors often interact synergistically, thus amplifying negative impacts and compromising ecosystem resilience.
The transboundary nature of marine environments further complicates protection efforts Pollution, migratory species, and climate impacts transcend national boundaries, consequently necessitating international cooperation for effective management The International Court of Justice in the Pulp Mills case emphasized a "general obligation of States to ensure that activities within their jurisdiction and control respect the environment of other States or of areas beyond national control”!2 Such an obligation acquires particular significance in the marine context, where ecological interconnections make unilateral protection measures insufficient.
The concept of marine pollution serves as a cornerstone for understanding state obligations International law defines marine pollution as "the introduction by
? Food and Agriculture Organization (FAO) (2020), The State of World Fisheries and Aquaculture, p 6.
10 Clement Yow Mulalap (2020), Islands in the Stream: Addressing Climate Change and its Effects on Traditional Knowledge Systems and Cultural Heritage in the Pacific, The International Journal of Human Rights 24, p 132.
!!Ô United Nations (2016), The First Global Integrated Marine Assessment (World Ocean Assessment I), Chapter 54.
12 Pulp Mills on the River Uruguay (Argentina v Uruguay), Judgment, 2010 L.C.J Rep 14, para 101. man, directly or indirectly, of substances or energy into the marine environment, including estuaries, which results or is likely to result in such deleterious effects as harm to living resources and marine life, hazards to human health, hindrance to marine activities, including fishing and other legitimate uses of the sea, impairment of quality for use of sea water and reduction of amenities”!?.
The comprehensive definition encompasses both direct discharges and indirect pathways, covers substances and energy (like heat, light, and noise), incorporates actual and potential effects, and addresses ecological, human health, economic, and aesthetic impacts The international framework categorizes marine pollution into six main types: land-based sources, seabed activities subject to national jurisdiction, activities in the deep seabed beyond national jurisdiction, dumping, vessel-source pollution, and atmospheric sources.