MINISTRY OF JUSTICE MINISTRY OF EDUCATION AND TRAINING HANOILAW UNIVERSITY TRAN THANH THAO 453441 BIODIVERSITY BEYOND NATIONAL JURISDICTION AGREEMENT AND ITS IMPLEMENTATION IN VIETNAM Hanoi - 2024 MINISTRY OF JUSTICE MINISTRY OF EDUCATION AND TRAINING HANOILAW UNIVERSITY TRAN THANH THAO 453441 BIODIVERSITY BEYOND NATIONAL JURISDICTION AGREEMENT AND ITS IMPLEMENTATION IN VIETNAM Major: Public International Law SUPERVISOR DR. PHAN DUY HAO Hanoi — 2024 DECLARATIONS Thereby state that I: Tran Thanh Thao, 453441, being a candidate for the degree of Bachelor of Law accept the requirements of the University relating to the retention and use of Bachelor's Graduation Paper deposited in the library. In terms of these conditions, I agree that the origin of my paper deposited in the library should be accessible for the purposes of study and research, in accordance with the normal conditions established by the librarian for the care, loan or reproduction of the paper. Supervisor Student ACKNOWLEDGEMENTS First and foremost, I would like to express my appreciation to my wonderful Supervisor, Dr.
Phan Duy Hao, for his enormous support towards my research with great patience, devotion, advice, profound insight and experience. I have managed to overcome all the various obstacles and finished the thesis thanks to his constant, inspiring guidance and encouragement throughout the writing process Besides my Supervisor, my sincere thanks goes to all the Members of the Thesis Committee, the teachers who work hard and fair to evaluate this research of mine give insightful comments and questions, as well as provide me with detailed feedback to help my future studies. Once again, I want to express my sincere appreciation to all those who have helped me along the way. Your support has meant the world to me, and [ will always be grateful for everything you have done to help me achieve my goals LIST OF ABBREVIATIONS ABNJ Areas Beyond National Jurisdiction ABMTs Area-based management tools BBNJ Biodiversity B eyond National Jurisdiction CBD Convention on Biological Diversity COP The Conference of the Parties CB&TT Capacity building and the transfer of marine technology DSI Digital Sequences Information EEZs Exclusive Economic Zones EIAs Environmental impact assessments EU European Union GHG Global Greenhouse Gas IGC Intergovernmental Conference IUCN International Union for Conservation of Nature MGR Marine Genetic Resources MPAs Marine Protected Areas MPAs PSIDS Pacific Small Island Developing States UNCLOS United Nations Convention on the Law of the Sea UNICPOLOS United Nations Open-ended Informal Consultative Process on Oceans and the Law of the Sea TABLE OF CONTENTS DECLARATIONS ACKNOWLEDGEMENTS LIST OF ABBREVIATIONS TNTIRODUCTION--ss:::-:z::2222222 2052 06006 šittdGhftEpbi 1 CHAPTER 1.
OVERVIEW ON BBNJ AGREEMENT. Context of BBNJ Agreement. 2 XàG6gEgiHi/4392203g0TUìgưx gi 8 1. The background of BBNJ Agreement.
What is BBNJ Agreement. Negotiation processfor BBNJ Agreement. Significance of BBNJ Agreeinef. Challengesfor BBNJ Agreement.THE MAIN CONTENT OF BBNJ AGREEMENT.
Principles of BBNI Agreeinei.2 Main themes of BBNJ Agreement. Marine genetic resources (MGRs) MRE L7 2. Area-based management tools (ABNTs). Environmental impact assessments (EIAs).
Capacity building and the sec i marine technology OBR) an gientGELGGIGIEEENEDESESEREEHERGHEERS. nn mechanism and Settlement of disputesin BBNI Agreement. Se ee ee 37 2. BBNI Apres %zgiovosagtoe and Compliance Conuniffe 37 2.
BBNJ Agreement’s disputes settlement mechanism. Chapter cortcÌitsioit. VIETNAM, BBNJ AND ITS IMPLEMENTATION. The significance of the BBNJ Agreementfor Vietnam.
The negotiation process of Vietnamfor BBNJ Agreement wee để 3. The BBNJ Agreement implementation in Vieftaimi. sibããduae)5uc OO. Necessity of the research Scientific research continues to reveal novel biological diversity from the 64%! of the ocean that lies in areas beyond national jurisdiction (ABNJ) that is intricately connected, provides crucial ecosystem services, and inspires innovation but faces threats from human activities.? The intemational community critically depends on science and technology to address such threats because scientific knowledge gaps impede informed decision-making.
Furthermore, while advancing scientific knowledge brings opportunities for new discoveries, inequity in scientific and technological capacity prevents many nations from participating in, and benefitting from, scientific research and potential associated benefits within ABNJ Consequently, the development ofa new intemational legally binding instrument for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction under the 1982 United Nations Convention on the Law of the Sea (UNCLOS) includes technology transfer and capacity building as key objectives. This has prompted the United Nations General Assembly to initiate the negotiation process to build a Biodiversity Beyond National Jurisdiction (BBNJ) Agreement within the framework of UNCLOS on the conservation and sustainable use of BBNJ. BBNJ is a new problem for Vietnam, a coastal state. After the arbitration between the Philippines and China in the East Sea, the need to exploit and conserve BBNJ resources is becoming increasingly present and urgent, especially in the context of increasing complex developments in the rich and diverse waters.
Vietnam is facing many opportunities and challenges to participate in shaping the * Areas Beyond National Arisdiction, ht ps :/imne thegef -we-dokopies areas-bevond-mutional-_prisdiction, accessed9 Jarmary 2024 3 Huriet Harden-Davies, Paul Snelgrove (2020), Science Collaboration for Capacity Building: Advancing Technology Transfer Through + Treaty for Biodiversty Beyond National Rrsdirtion, Feontizrsin org, 1ưtps:/Avvwrw frontiersin org/artx les/10 3389 fmars 2020 00040Full , accessed Sth Jan, 2024. 1 intemational legal framework on BBNJ to effectively protect its legitimate rights and interests in the East Sea and ABNJ. For the above reasons, the author of this thesis chose the issue '' Biodiversity beyond national jurisdiction Agreement and its implementation in Vietnam" for my graduation thesis topic in Law. This research is important in contributing to raising awareness of the rights and obligations towards the world's biodiversity resources, adjusting domestic laws as well as international cooperation policies, and protecting the world's biodiversity.
Firmly defend national interests against challenges, while contnbuting to maintaining a peaceful and cooperative environment in high sea. Subject and scope of the research 2. Subject of the research The subject of the thesis is the intemational legal aspects of the conservation and sustainable use of BBNJ, and specifically explores Vietnam with the negotiation and implementation of the provisions of the BBNJ Agreement 2. Scope of the research Thesis relies on the BBNJ Agreement to develop the specific research scope as follows: - Scope of content: Thesis researches legal issues regulating the conservation and sustainable use of BBNJ and some issues of dispute resolution, implementation mechanisms, etc.
The topic only covers the outline of environmental, biological, economic and social aspects ofBBNJ - Time scope: The analysis of BBNJ regulations started from the time the United Nations General Assembly initiated the negotiation process until the time the thesis was completed. - Spatial scope: Thesis studies maritime areas beyond national junsdiction under UNCLOS. Domestic research In Vietnam, theoretical issues about marine biodiversity are mentioned in many research works such as: Báo ton da dang sinh hoc biển Việt Nam by Dang Ngọc Thanh and Nguyễn Huy Yét (published by Khoa hoc Ty nhiên va Công nghệ, 2009), Tam quan trong của bdo tồn da dang sinh học by Hoang Hà Nam (Vinh University, 2010),. These research works often analyze the role of marine biodiversity, emphasizing the urgency of marine biodiversity conservation and proposed conservation tools.
Research on policies, laws and practices of marine biodiversity conservation largely focuses on waters under national jurisdiction, including the book Báo tôn da dang sinh học bién Việt Nam by Đăng Ngoc Thanh and Nguyễn Huy Yét (published by Khoa hoc Tự nhiên và Công nghệ, 2009), which analyzed expenences and propose solutions to promote biodiversity conservation in waters under Vietnam's sovereignty and sovereign rights, Doctoral Thesis Các kitia canh pháp I quốc té về việc bdo tổn va sử dung bền vitng da dang sinh học biển tại các vùng nằm ngoài quyễn tài phán quốc gia by Dr. Tran Thi Ngọc Sương Regarding the BBNJ issue, in the article Các vấn đề pháp lý trong đàm phan văn kiện về da dang sinh hoc tai các vìng biên nằm ngoài quyền tài phán quốc gia và sự tham gia của Vietnam (Nhà nước và Pháp inật, 01/2021), author Nguyen Hong Thao has briefly analyzed the main legal issues ofthe documents on BBNJ including: purpose, principle of “common hentage of mankind" and main elements of the above document. basis for comparing the corresponding definitions in the draft document on BBNJ with current provisions of Vietnamese law. Foreign research Studies on the role of BBNJ and threats to BBNJ include Intemational Law and Sustainable Development (Oxford University Press, 1999) by Alan Boyle and 3 David Freestone, Principles of Intemational Environmental Law (Cambridge University Press, 2012) by Philippe Sands and other authors,.
Although these works emphasize the role of marine biodiversity, basic principles and tools for preserving marine biodiversity, they do not mention it. clearly and deeply on the issue of marine biodiversity at ABNJ. The progress of the negotiation process to develop documents on BBNJ is mainly shown through reports of the Informal Ad-hoc Working Group on BBNJ, of the Preparatory Committee on BBNJ and of the Intergovernmental Conference (IGC) on BBNJ about developing documents on BBNJ In summary, the history of domestic and foreign research shows that the issue of BBNJ has been approached from many aspects: biology, environment, law, etc. The legal content of BBNJ is also analyzed to evaluate the enforceability of the BBNJ Agreement.
However, some issues have not been highlighted or thoroughly analyzed in foreign research works, such as the actual implementation of the BBNJ Agreement in the specific context of coastal states. Meanwhile, with the main research scope and sea areas under national jurisdiction, Vietnam's related research works often focus on the characteristics, roles and challenges of biodiversity, marine biodiversity, conservation policies, laws and practices, and proposals for the conservation of marine biodiversity. The issue of BBNJ is briefly approached both in terms of number of projects and research content. Some basic gaps in these studies include: not clarifying the importance of managing, exploiting and using BBNJ for Vietnam.
Therefore, on the basis of selectively absorbing research results from intemational and domestic works on BBNJ, the thesis will build and develop content consistent with the set goals to implement a Complete and comprehensive research on marine biodiversity at ABNJ with the charactenstics of Vietnam 4. Research methodologies and methods 4 Thesis uses the following research methods: 2 Methodology of Marxism-Leninism: using pairs of basic philosophical categories to guide the construction, analysis and synthesis of arguments; - Basic research methods of social sciences: + Historical method: mainly applied to analyze the negotiation process and build the BBNJ Agreement + Interdisciplinary research methods: Intemational Law - Intemational Relations. + Methods of analysis - synthesis, comparison - contrast, induction - deduction, inference - prediction: are applied in all chapters of the thesis to build, analyze and synthesize arguments. - Basic research methods of law.
understanding the research question, legislation, case law, regulatory, and the practical application of legal research. Objective and tasks of the research 5. Objective of the research Thesis is carned out with the following goals: - Contribute to updating, clan fying and supplementing the conservation and sustainable use of BBNJ for a number of relevant Vietnamese legal sciences such as Law of the Sea, Law on Biodiversity, Law on Protection environment, - Contribute to providing a scientific basis to improve domestic law and cooperation policies to effectively enforce intemmational law on BBNJ; - Contribute to raising legal awareness on conservation and sustainable use of BBNJ for relevant parties. Tasks of the research Thesis will perform the following tasks: - Analyze the context, negotiation, and significance of the BBNJ Agreement; - Clarifying the implementation of BBNJ Agreement in Vietnam and introducing a few solutions for Vietnam in completing national law when implementing BBNJ Agreement.
The scientific and practical significance of the research Scientifically, the thesis contributes to clanfying the legal content of the BBNJ Agreement. In terms of practice, the thesis provides some ideas to help improve national law and plan intemational and regional cooperation policies on BBNI.