Tài liệu Climate change response from vietnam’s commitments under evfta and cptpp to its domestic implementation

HO CHI MINH CITY UNIVERSITY OF LAW INTERNATIONAL LAW FACULTY -----------***------------ PHẠM BÁ PHONG STUDENT ID: 1853801012155 CLIMATE CHANGE RESPONSE: FROM VIETNAM’S COMMITMENTS UNDER EVFTA AND CPTPP TO ITS DOMESTIC IMPLEMENTATION BACHELOR THESIS School year: 2018 - 2022 Supervisor: LL.M. Nguyen Thi Kim Cuc Ho Chi Minh City - 2022 DECLARATION I declare that this thesis is the result of my research, which is conducted under the supervision of LL.M. Nguyen Thi Kim Cuc, ensures honesty, and complies with rules and regarding quotation, the note of references. Therefore, I hereby take full responsibility for this declaration. LIST OF ABBREVIATIONS Abbreviations COP26 CPTPP DAG Contents 26th United Nations Climate Change Conference of the Parties Comprehensive and Progressive Agreement for Trans-Pacific Partnership Domestic advisory group Decree No. 06/2022/ND-CP of the Government on mitigation of green Decree No. 06/2022/ND-CP house gas (GHG) emissions and protection of ozone layer dated 07 January 2022 EU European Union EVFTA EU-Vietnam Free Trade Agreement FTA Free trade agreement GHG Greenhouse gas ICAP IPCC The International Carbon Action Partnership Intergovernmental Panel on Climate Change LEP Law on Environmental Protection MEA Multilateral environmental agreements MONRE Montreal Protocol Ministry of Natural Resources and Environment Montreal Protocol on Substances that Deplete the Ozone Layer NDC Nationally determined contributions TPP Trans-Pacific Partnership Agreement UN UNFCCC United Nations United Nations Framework Convention on Climate Change TABLE OF CONTENTS INTRODUCTION .................................................................................................... 1 1. Problem statement ............................................................................................. 1 2. Literature review ............................................................................................... 5 3. Purpose of the study .......................................................................................... 7 4. Objectives and Scope of the study ................................................................... 8 4.1. Objectives of the study.................................................................................. 8 4.2. Scope of the study ......................................................................................... 8 5. Research methodologies .................................................................................... 8 6. Scientific and practical values of the thesis ..................................................... 9 7. Thesis structure ................................................................................................. 9 CHAPTER 1: CLIMATE CHANGE RESPONSE COMMITMENTS UNDER EVFTA AND CPTPP ............................................................................................. 10 1.1. Theoretical issues relating to climate change and climate change response ................................................................................................................ 10 1.1.1. Definition of climate change .................................................................... 10 1.1.2. Causes and impacts of climate change..................................................... 12 1.1.3. General understanding of climate change response ................................. 14 1.2. Climate change response commitments under EVFTA and CPTPP ...... 16 1.2.1. The inclusion of climate change response commitments under free trade agreements ......................................................................................................... 16 1.2.2. Climate change responses commitments under the EVFTA ................... 19 1.2.3. Climate change response commitments under the CPTPP ...................... 27 CONCLUSION OF CHAPTER 1 ......................................................................... 31 CHAPTER 2: CLIMATE CHANGE RESPONSE PROVISIONS UNDER VIETNAMESE LAW AND RECOMMENDATIONS FOR VIETNAM.......... 32 2.1. Climate change response provisions under Vietnamese law .................... 32 2.1.1. General review of Vietnamese law and policy on climate change response ............................................................................................................................ 32 2.1.2. Evaluations ............................................................................................... 42 2.2. Recommendations for Vietnam ................................................................... 46 CONCLUSION OF CHAPTER 2 ......................................................................... 52 THESIS CONCLUSION ........................................................................................ 54 BIBLIOGRAPHY INTRODUCTION 1. Problem statement Climate change has been recognized as one of the biggest challenges of our times threatening both regional and global security as well as diminishing the significant development achievements of humanity at present and in the future 1. According to United Nations (UN), the Earth is now about 1.1oC warmer than it was in the late 1800s and the last decade (2011-2020) was the warmest on record2. Following this, there exists various consequences of climate change such as intense droughts, water scarcity, rising sea levels, flooding, melting polar ice and declining biodiversity. Particularly, in 2021, Vietnam witnessed a relatively high average temperature with 24.6oC, 0.7oC higher than usual. Moreover, Vietnam has suffered from 12 storms and tropical depressions causing more than 40 heavy rains and widespread flooding3. Besides, although climate change may be a result of natural long-term shifts in temperatures and weather patterns, human activities has been the main driver of climate change since the 1800s4, primarily due to burning fossil fuels like coal, oil and gas. Acknowledging climate change and its severe impacts to human lives, countries has gravitated towards signing or participating in international agreements on environmental protection, including climate change response. With respect to the global frameworks on climate change response, Vietnam is a constituent member of the United Nations Framework Convention on Climate Change (UNFCCC)5 which 1 For example, people living in small island nations and other developing countries are vulnerable to climate impacts when, due to conditions such as sea-level rise and saltwater intrusion, whole communities have had to relocate and suffer famine. 2 United Nations, “What is climate change?”, [https://www.un.org/en/climatechange/what-is-climate-change] (accessed on 24 April 2022) 3 Phan Hau, “Climate change makes weather and natural disasters abnormal and irregular”, [https://thanhnien.vn/bien-doi-khi-hau-khien-thoi-tiet-thien-tai-dien-bien-di-thuong-trai-quy-luatpost1451345.html] (accessed on 24 April 2022) 4 United Nations, supra note 2. 5 The United Nations Framework Convention on Climate Change (UNFCCC) opened for signature at the “Rio Earth Summit” in 1992 entered into force on 21 March 1994. Further information available at: UNFCCC, “What is the United Nations Framework Convention on Climate Change?”, [https://unfccc.int/process-and-meetings/the-convention/what-is-the-united-nations-framework-conventionon-climate-change] (accessed on 20 may 2022) 1 was the first global agreement on climate change and possesses near-universal membership with 197 Parties. Furthermore, within the UNFCCC framework, Vietnam is also a member of two international agreements, namely the Kyoto Protocol6 and the Paris Agreement7. Regarding Paris Agreement, at the end of the 26th United Nations Climate Change Conference of the Parties (COP26)8 hosted in Glasgow on 31 October – 13 November 2021, the Paris Agreement target of limiting global warming to 1.5 degrees Celsius was kept alive and the Paris Agreement rulebook was completed9. Notably, at COP26, Vietnam delivered strong commitments which include reaching net-zero carbon emission target by 2050, stopping deforestation by 2030 and phasing out coal-fueled power generation by 204010. In addition to participating in international agreements on climate change, Vietnam, similar to other nations, has been striving to incorporate climate change response provisions in regional trade agreements, particularly, the free trade agreements (FTAs)11. In this context, Vietnam has become a constituent member of two new-generation FTAs 12 , namely EU-Vietnam Free Trade Agreement (EVFTA) 13 and Comprehensive and Progressive Agreement for Trans-Pacific 6 The Protocol was adopted on 11 December 1997 and it entered into force on 16 February 2005. Further information available at: UNFCCC, “What is the Kyoto Protocol?”,[https://unfccc.int/kyoto_protocol](accessed on 12 June 2022) 7 The Paris Agreement was adopted by 196 Parties at COP 21 in Paris, on 12 December 2015 and entered into force on 4 November 2016. Further information available at: UNFCCC, “The Paris Agreement”, [https://unfccc.int/process-and-meetings/the-paris-agreement/the-paris-agreement] (accessed on 12 June 2022) 8 Conference of the Parties (COP) is a global climate summits and COP26 which took place in Glasgow means 2021 was the 26th annual summit. 9 Further information available at: European Commission, “COP26: EU helps deliver outcome to keep the Paris Agreement targets alive”, [https://ec.europa.eu/commission/presscorner/detail/en/ip_21_6021] (accessed on 12 June 2022) 10 Dezan Shira & Associates, “COP26 and Climate Change: Vietnam’s Commitment to Reducing Emissions”, Vietnam Briefing, [https://www.Vietnam-briefing.com/news/cop26-climate-change-Vietnamscommitment-reducing-emissions.html/] (accessed on 21 December 2021) 11 In general, a free trade agreement (FTA) is an agreement between two or more countries where they mutually agree on certain obligations that affect trade in goods and services, intellectual property rights, environmental protection, etc. 12 In general, new-generation free trade agreements (FTAs) are FTAs that not only include traditional trade provisions but also other non-trade provisions such as environmental protection and labor. 13 The EVFTA was signed on 30 June 2019 and approved by the Vietnamese National Assembly on 08 June 2020. It came into force on 01 August 2020. Further information available at: Center for WTO and 2 Partnership (CPTPP) 14 in order to not only create solid foundations for the integration into global supply chains but also promote universal standards such as environmental protection and labor, including climate change response. In general, the two FTAs aim to promote sustainable development, including environmental protection and responding to climate change, as well as reaffirm the Parties’ commitments to comply with international agreements such as the UNFCCC or the Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol)15. By having made strong commitments at COP26 and participated in the above FTAs, Vietnam is willing to meet the full compliance with international agreements as well as the EVFTA and the CPTPP in order to fulfill the climate change response commitments. Following this, Vietnam must amend and/ or issue suitable policies and legal documents. On 17 November 2020, the National Assembly of the Socialist Republic of Vietnam adopted the Law on Environmental Protection (LEP) 2020 effective on 01 January 2022, replacing the Law on Environmental Protection 2014. Although the new law makes appropriate amendments and provides new provisions to comply with the international climate response commitments, there still exists certain drawbacks that need to be addressed and improved. In this research, the author concentrates on three different aspects to make recommendations for Vietnam International trade - Vietnam Chamber of Commerce and Industry, “Vietnam - EU (EVFTA)”, [https://wtocenter.vn/fta/199-Vietnam--eu-evfta-/1] (accessed on 12 June 2022) 14 The CPTPP was signed on 08 March 2018 in Chile, being the result of a process of effort by all members after the United States withdrew from the Trans-Pacific Partnership (TPP). The Agreement officially came into force on 30 December 2018 for the first six countries and 14 January 2019 for Vietnam. Further information available at: Ministry of Industry and Trade of Vietnam (MOIT), “General introduction on the CPTPP”, [http://cptpp.moit.gov.vn/default.aspx?page=news&do=detail&category_id=8be36248-117a-4530814c-555746b31c92&id=fd3872ae-b8f7-4e46-bd8a-141a8b522a2d] (accessed on 12 June 2022) 15 The Montreal Protocol on Substances that Deplete the Ozone Layer is a multilateral environmental agreement that regulates the production and consumption of ozone depleting substances. More information available at: United Nations Environment Programme, “About Montreal Protocol”, [https://www.unep.org/ozonaction/who-we-are/about-montreal-protocol] (accessed on 20 June 2022) 3 regarding its domestic implementation, namely the development of domestic carbon market, the promotion of renewable energy and the protection of ozone layer16. Firstly, with respect to the development carbon market, it is widely acknowledged that carbon market has been a major component of responding to climate change17. Vietnam is also concentrating on the operation of this market in the near future 18 . In the EVFTA, the Parties acknowledges the promotion of domestic and international carbon markets [Article 13.6(2)(b)], while the LEP 2020 19 only contains general provisions on the construction, operation and promotion of such market. Therefore, it is necessary to research and draw recommendations where suitable on this matter. Otherwise, Vietnam will not be able to construct and operate the domestic carbon market, which is the foundation for integration in international carbon market. Secondly, in terms of the promotion of renewable energy, developing renewable energy sources in order to replace traditional energy can be consider as a sustainable mean that contribute to mitigate climate change 20 . The EVFTA also provides that Parties acknowledges the promotion of energy efficiency, lowemission technology and renewable energy [Article 13.6(2)(c)]. However, the development of renewable energy in Vietnam has not yet been regulated by a stable and long-term legal framework, which causes difficulties in fulfilling the climate change response commitments under EVFTA as well as effective domestic implementation of such commitments in Vietnam. 16 The development of carbon market and the promotion of renewable energy are regulated under the EVFTA, while the protection of ozone layer is provided under the CPTPP. 17 The World Bank, “What You Need to Know About Article 6 of the Paris Agreement”,[https://www.worldbank.org/en/news/feature/2022/05/17/what-you-need-to-know-about-article6-of-the-paris-agreement] (accessed on 20 June 2022) 18 To Duc Huy and Hoang Anh, “Vietnam will have domestic carbon market in 2028”, [https://nongnghiep.vn/viet-nam-se-co-thi-truong-cac-bon-trong-nuoc-tu-nam-2028-d306939.html] (accessed on 10 June 2022) 19 The LEP 2020 is also guided by a recently issued Decree which is the Decre... (BỔ SUNG). Although there is a guidance document, the legislations regarding domestic carbon market in Vietnam still leaves room for improvement. 20 Moomaw, W. et al., “Renewable Energy and Climate Change”, [https://www.ipcc.ch/site/assets/uploads/2018/03/Chapter-1-Renewable-Energy-and-Climate-Change-1.pdf] (accessed on 13 June 2022). 4 Finally, yet importantly, the protection of ozone layer is necessary to be addressed since reducing ozone-depleting substances also contributes to the mitigation of greenhouse effect21. In the CPTPP, the Parties recognize the emissions of certain substances can significantly deplete and otherwise modify the ozone layer in a manner that is likely to result in adverse effects on human health and the environment [Article 20.5(1)]. Nevertheless, the Law on Environmental Protection 2020 has not yet provided detailed provisions on the protection of the ozone layer. Thus, with the findings above, this thesis with the topic “Climate change response: from Vietnam’s commitments under EVFTA and CPTPP to its domestic implementation” aims to analyze the climate change response commitments under EVFTA and CPTPP, the incorporation of these commitments into Vietnam’s environmental law and provide recommendations to improve the implementation of such commitments in Vietnam. 2. Literature review As climate change response commitments are incorporated into free trade agreements, many studies on these commitments have been recorded. However, there are not many researches on climate change response provisionsunder both the EVFTA and the CPTPP. Following this, the author has discovered some remarkable studies on these matters as follows: Alberto do Amaral Jr and Marina Martins Martes (2020), “The Mercosur-EU FTA and the Obligation to Implement the Paris Agreement: An Analysis from the Brazilian Perspective”, European Yearbook of International Economic Law, (11), p.387-409: This paper analyzes the Mercosur-EU FTA which is a FTA concluded between Mercosur and the EU acknowleding the need to consider the environmental aspects of trade measures. Additionally, it explains the link between trade and climate change, analyses the obligations assumed by the Parties (particularly Brazil) under the Paris Agreement, and eventually shows the consequences the inclusion of 21 European Environment Agency (EEA), “Protecting the ozone layer while also preventing climate change”, [https://www.eea.europa.eu/themes/climate/ozone-depleting-substances-and-climate-change] (accessed on 10 June 2022) 5 a provision on the implementation of an environmental commitment under a free trade agreement brings about. Mai Thi Tuyet Tran (2018), Impact of trade openness on the environment: An assessment of CO2 emissions in Vietnam, Lincoln University: This study examines the impact of trade openness on CO2 emissions in the long-run and shortrun elasticities. In addition, it examines the regulatory effect of the CPTPP on the environment and explores a way forward to integrate environmental considerations and commitments into free trade agreements in Vietnam. Fritz Carrapatoso, A. (2007), “The Integration of Trade and Environmental Policies in Free Trade Agreements in Southeast-Asia”, Südostasienaktuell: journal of current Southeast Asian affairs, 26(1), p.76-105: This paper provides an overview of free trade negotiations between Southeast Asian countries and New Zealand in which environmental issues are addressed. Moreover, it demonstrates the pros and cons of free trade with regard to the environment and seeks to identify some of the factors that influence the integration of trade and environmental policies in bi- and minilateral trade negotiations. Lien, M. K., Huyen, N. D., Cong, N. T., & Minh, N. V. (2020), “Exploring Potential Participation of Vietnam in the Carbon Market”, Low Carbon Economy, (11), p.25-43: This paper provides general knowledge on carbon market and relevant provisions under multilateral environmental agreements (MEAs) such as the Paris Agreement. In addition, it gives an overview of a number of domestic carbon markets in some countries and assesses the potential for developing Vietnam’s carbon market. Vo Trung Tin and Nguyen Lam Tram Anh, “Implementation of new generation of free trade agreements related to climate change in Vietnam”, International Conference Proceedings on the Implementation of new-generation FTAs in Vietnam: Challenges in the fields of labour, environment and intellectual property, hosted by Ho Chi Minh City University of Law in 2021, p.228-246: This paper analyzes the contents related to climate change and climate change response 6 commitments provided underthe CPTPP and the EVFTA. Furthermore, it evaluates Vietnam's environmental legislation aiming to institutionalize these two Agreements, thereby making some recommendations. Pham Van Vo, “Vietnam’s policies and laws on climate change adaptation”, Conference on Climate Change and Legal Issues, hosted by Ho Chi Minh City University of Law on 15 December 2021 at Ho Chi Minh City University of Law, p.9-13: this paper analyzes and evaluate climate change response legal and policy framework of Vietnam as well as demonstrates the impacts of climate change to the country Tran Linh Huan, “Implementation of the EVFTA climate change commitment and some issues for Vietnam”, International Conference Proceedings on the Implementation of new-generation FTAs in Vietnam: Challenges in the fields of labour, environment and intellectual property, hosted by Ho Chi Minh City University of Law in 2021, p.247-260: this paper concentrates on analyzing the climate change response commitments under the EVFTA, indicating some challenges that Vietnam will confront when complying with the commitments on climate change in this agreement, thereby making some complete recommendations. Tran Viet Dung (2019), “Legal and policy framework for renewable energy and energy efficiency development in Vietnam”, Vietnamese Journal of Legal Sciences 01 (01), p.33-47: This paper examines the legal and policy framework influencing the deployment of renewable energies and energy efficiency in Vietnam. It also attempts to identify major barriers to a large scale deployment of renewable energies and energy efficiency technologies and offers some possible solutions. 3. Purpose of the study This thesis aims to analyze the climate change response commitments under EVFTA and CPTPP, the legal and policy framework of Vietnam and legislations of some foreign legal systems on climate change response, thereby providing recommendations for improvement. 7 To accomplish these purposes, this thesis performs three following tasks: First, analyzing the climate change response commitments under the EVFTA and the CPTPP. Second, analyzing the climate change response provisions under Vietnamese law and making evaluations where relevant. Thirdly, analyzing the climate change response provisions under some foreign legal systems. Finally, offering recommendations for improving the implementation of the climate change commitments in Vietnam based on the comparison between climate change response commitments under the EVFTA, the CPTPP and Vietnam’s law as well as lessons from foreign law 4. Objectives and Scope of the study 4.1. Objectives of the study The regulations and provisions relating to climate change response under the EVFTA and the CPTPP. The regulations and provisions relating to climate change response under Vietnam’s environmental law. 4.2. Scope of the study This thesis studies the climate change response commitments under the EVFTA and the CPTPP as well as Vietnam’s environmental law. 5. Research methodologies Throughout the thesis, the author will utilize three main research methods, namely analytical, comparative and synthetic method. To be more specific, the analytical method is conducted primarily in Chapter 1 to analyze the climate change response commitments under the EVFTA and the CPTPP. This method is also applied in Chapter 2 for generally reviewing Vietnam’s legal and policy framework on climate change and the achievements of new provisions of the LEP 2020 and identifying certain limitations. 8 The comparative method is implemented for comparing the climate change response provisions under the LEP 2014 and the LEP 2020, thereby indicating the improvements of Vietnam’s environmental law in implementing international climate change response commitments. The method is significant to be applied in comparing the climate change response provisions under EVFTA, the CPTPP and Vietnam’s environmental law to propose recommendations. The synthetic method is used to synthesize analyses and comparisons, thereby clarifying problems to be solved from a legal perspective and providing recommendations. 6. Scientific and practical values of the thesis The thesis aims to clarify the linkage between trade and climate change, the climate change responses provisions under new-generation free trade agreements such as EVFTA and CPTPP as well as under Vietnam’s legal system; improve Vietnam’s environmental law. This thesis is expected to become a helpful reference source for those who study, research or work in environmental field, especially in areas related to climate change response. 7. Thesis structure This thesis contains: Introduction, table of contents, bibliography and two chapters as follows: Chapter 1. Climate change response commitments under EVFTA and CPTPP Chapter 2. Climate change response provisions under Vietnamese law and recommendations for Vietnam 9 CHAPTER 1: CLIMATE CHANGE RESPONSE COMMITMENTS UNDER EVFTA AND CPTPP This chapter will first present the theoretical issues relating to climate change and climate change response in order to provide a broad view about climate change as well as climate change response in the context of sustainable development. Subsequently, this chapter will analyze the climate change response commitments under EVFTA and CPTPP, thereby indicating obligations with which Vietnam shall comply. 1.1. Theoretical issues relating to climate change and climate change response 1.1.1. Definition of climate change Before discussing the definition of climate change, the term “climate” should be understood. According to non-legal sources such as definition provided by the Intergovernmental Panel on Climate Change (IPCC)22, in narrow sense climate is defined as “the average weather, or more rigorously, as the statistical description in terms of the mean and variability of relevant quantities over a period of time ranging from months to thousands or millions of years”. In terms of wider sense, climate is “the state, including a statistical description, of the climate system 23 ” 24 .Under legal documents such as the Hydrometeorology Law of Vietnam 25 , climate means “compilation of weather 26 conditions in a certain area 22 The Intergovernmental Panel on Climate Change (IPCC) is the United Nations body for assessing the science related to climate change. More information available at: The Intergovernmental Panel on Climate Change, “The Intergovernmental Panel on Climate Change”, [https://www.ipcc.ch/] (accessed on 19 May 2022) 23 The system consisting of five major components: the atmosphere, the hydrosphere, the cryosphere, the lithosphere and the biosphere and the interactions between them. For more information, see: P.R. Shukla, et al., “Annex I: Glossary”, [https://www.ipcc.ch/site/assets/uploads/sites/4/2019/11/11_Annex-I-Glossary.pdf] (accessed on 19 May 2022) 24 P.R. Shukla, et al., “Annex I: Glossary”, [https://www.ipcc.ch/site/assets/uploads/sites/4/2019/11/11_Annex-I-Glossary.pdf] (accessed on 19 May 2022) 25 The Hydrometeorology Law was adopted by the National Assembly of Vietnam on 23 November 2015 and took effect in 01 July 2016. This law stipulates hydro meteorological activities such as management and operation of station networks; forecasts, warnings; information, data; hydro meteorological services; climate change monitoring. 26 Weather refers to the state of the atmosphere at a certain point of time determined by meteorological elements and phenomena [Article 3(6) of the Hydrometeorology Law] 10 characterized by long-term statistical quantity of meteorological elements in such area” [Article 3(11)]. As observable, in general, climate can be understood as the long-term weather pattern in an area. With respect to climate change, there are many sources, including legal and non-legal ones, provide definition to the concept. United Nations (UN) 27 briefly defined climate change as “long-term shifts in temperatures and weather patterns”28. Furthermore, climate change in IPCC usage refers to “a change in the state of the climate that can be identified (e.g., using statistical tests) by changes in the mean and/or the variability of its properties, and that persists for an extended period, typically decades or longer” 29 .As observable, climate change can be understood simply as changes in weather patterns persisting for a long period of time, typically decades or longer. In addition to non-legal sources, the definition of “climate change” is also provided under some legal documents. For instance, the UNFCCC states that “climate change” means “a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods.” [Article 1(2) of the UNFCCC]. Following this, it can be seen that within the legal framework of the UNFCCC, the countries concentrate on the human-induced climate change rather than the natural one as they define climate change is “a change of climate which is attributed directly or indirectly to human activity…” [Article 1(2)]. It is quite understandable because in addition to climate change caused by natural variability 30 , human-induced climate change has been 27 The United Nations (UN) is an international organization founded in 1945. Currently made up of 193 Member States, the UN and its work are guided by the purposes and principles contained in its founding Charter. More information available at: United Nations, “About Us”, [https://www.un.org/en/about-us] (accessed on 19 May 2022) 28 UnitedNations,supra note 2. 29 United Nations Framework Convention on Climate Change, “Fact sheet: Climate change science - the status of climate change science today”, [https://unfccc.int/files/press/backgrounders/application/pdf/press_factsh_science.pdf] (accessed on 14 May 2022) 30 Natural climate variability refers to the variation in climate parameters caused by nonhuman forces. See: Climate-Woodlands, “Natural Variability and Climate Change”, [https://climatewoodlands.extension.org/natural-variability-and-climatechange/#:~:text=Natural%20climate%20variability%20refers%20to,internal%20to%20the%20climate%20sy 11 causing adverse effects to human life. In constrast, under Vietnam’s law, the Hydrometeorology Law states that climate change refers to “a change in climate conditions for a long time by the impacts of natural conditions and human activities, often referred to as global warming, rising sea and an increase in extreme hydro meteorological phenomena.” [Article 3(13)]. It seems that Vietnam’s law acknowledges the causes of climate change are not only human activities but also natural conditions. In sum, generally, climate changehas following four characteristics: (1) climate change is a change in the state of the climate, (2) has natural or artificial cause,(3) alters the composition of the global atmosphere and (4) persists for an extended period. 1.1.2. Causes and impacts of climate change In order to understand more about climate change as well as why countries have been responding to this phenomenon, it is necessary to acknowledge the causes and impacts of climate change. With respect to the causes, while there are natural causes such as volcano activity or variations in the solar cycle, human activities have become the main driver of climate change since the 1800s 31 , mainly due to the generation of greenhouse gas emissions, also known as the greenhouse effect. Following this, there are certain human activities that cause greenhouse gas emissions32 such as generating power 33 , manufacturing goods 34 , cutting down forests 35 , using stem] (accessed on 19 May 2022). Besides, natural variability is an element that affects changes in all variables. See: Markus Meier, H.E., Dieterich, C. and Gröger, M., “Natural variability is a large source of uncertainty in future projections of hypoxia in the Baltic Sea”, [https://doi.org/10.1038/s43247-021-00115-9] (accessed on 19 May 2022) 31 United Nations, supra note 2. 32 United Nations, “Causes and Effects of Climate change”, [https://www.un.org/en/climatechange/science/causes-effects-climate-change] (accessed on 15 May 2022) 33 At present, most electricity is generated by burning fossil fuels such as coal, oil, or gas which produces carbon dioxide and nitrous oxide (two kinds of greenhouse gases) that blanket the Earth and trap the sun’s heat. 34 Manufacturing, mining, or other industrial processes produce emissions, mostly from burning fossil fuels to produce energy for making cement, iron, steel, plastics, and other goods. Machines used in these processes are usually powered by energy generated by burning fossil fuels such as coal, oil or gas. 35 As forests absorb carbon dioxide, destroying them limits nature’s ability to keep emissions out of the atmosphere. 12 transportation 36 , producing food 37 and overconsumption 38 . Regarding greenhouse gases (GHGs), greenhouse gases generally are gases that “trap heat in the atmosphere”39. The LEP 2020 defines greenhouse gas as “gas in the atmosphere causing the greenhouse effect” [Article 3(29)].Greenhouse gases include carbon dioxide, methane, nitrous oxides, and water vapor40. In terms of greenhouse effect, it is basically a process in which the increased greenhouse gas emissions act like a blanket wrapped around the earth, trap the sun’s heat and raise temperatures, thereby causing global warming 41 . The LEP 2020 states that greenhouse effect means “a process where radiant energy from the sun penetrates into the atmosphere and is converted to heat, causing global warming” [Article 3(30)]. As observable, the LEP 2020’s definition of greenhouse effect does not mention the contribution of greenhouse gases to global warming, though it provides the consequence of greenhouse gas effect is global warming. Without clearly mentioning the contribution of greenhouse gases to the global warming, it would not emphasize the international trend of reducing GHG emissions to tackle climate change and protect the environment as well as promote sustainable development in general. With respect to impacts of climate change, human society has been witnessing many adverse effects brought by this phenomenon such as hotter temperature, the increased occurrence of natural disasters, lack of food, poverty and 36 Many vehicles run on fossil fuels such as cars, trucks, ships, or planes, producing emissions, especially carbon dioxide emissions. 37 Producing food causes emissions of carbon dioxide, methane, and other greenhouse gases in a variety of ways such as deforestation, clearing of land for agriculture, or the production and use of fertilizers and manure f1or growing crops. Packaging and distributing food also cause greenhouse gas emissions. 38 Human lifestyles have a profound impact on the planet due to the needs in clothing, electronics, using plastics. 39 United States Environmental Protection Agency, “Overview of Greehouse Gases”, [https://www.epa.gov/ghgemissions/overview-greenhouse-gases] (accessed on 19 May 2022) 40 Earth Science Communications Team at NASA's Jet Propulsion Laboratory, “What is the greenhouse effect?”, Global Climate Change: Vital Signs of the Planet, [https://climate.nasa.gov/faq/19/what-is-thegreenhouseeffect/#:~:text=Greenhouse%20gases%20include%20carbon%20dioxide,effect%20helps%20stabilize%20Ea rth's%20atmosphere] (accessed on 19 May 2022) 41 UnitedNations, “Climate Action Fast Facts”, [https://www.un.org/en/climatechange/science/keyfindings#:~:text=it%20is%20now.,But%20today%20we%20are%20experiencing%20unprecedented%20rapid%20warming%20from%20huma n,sun's%20heat%20and%20raising%20temperatures] (accessed on 15 May 2022) 13 displacement 42 . Due to high greenhouse gas emissions generated by human activities, the global surface temperature has been increasing over the years, making natural disasters occur more frequently. Wildfires start more easily and spread more rapidly when conditions are hotter. Moreover, as temperature rise, more moisture evaporates, which exacerbates extreme rainfall and flooding, causing destructive storms to occur more intensely and more frequently in many regions. Furthermore, global warming aggravates water shortages in already water-stressed regions and is causing agricultural droughts affecting crops. Following this, droughts can stir destructive sand as well as dust storms, which creates opportunities for deserts to expand, reducing land for growing food. Regarding poverty and displacement, floods may sweep away urban slums, destroying homes and livelihoods. It is reported that over the past decade from 2010 to 2019, weather-related events displaced an estimated 23.1 million people on average each year, leaving many more vulnerable to poverty43. 1.1.3. General understanding of climate change response Basically, climate change response involves two aspects, namely mitigation and adaptation. The former refers to “reducing emissions of and stabilizing the levels of heat-trapping greenhouse gases in the atmosphere” and the latter refers to “adapting to the climate change already in the pipeline” 44 . This fact is also confirmed in legal documents such as the UNFCCC and the Paris Agreement. Within the UNFCCC framework, the Paris Agreement, which “aims to strengthen the global response to the threat of climate change, in the context of sustainable development and efforts to eradicate poverty” 45 , establishes three principal standards, namely mitigation, adaptation and finance. In terms of mitigation, the Parties commit to hold the increase in the global average temperature to well below 42 United Nations, supra note 32. United Nations, supra note 32. 44 Earth Science Communications Team at NASA's Jet Propulsion Laboratory, “Responding to Climate Change”, Global Climate Change: Vital Signs of the Planet, [https://climate.nasa.gov/solutions/adaptationmitigation/#:~:text=Key%20Points,pipeline%20(%E2%80%9Cadaptation%E2%80%9D)] (accessed on 19 May 2022) 45 Article 2(1) of the Paris Agreement. 43 14