States have an obligation to prevent significant harm to the climate system and an obligation to cooperate.

(CPV) - Vietnam affirmed that to effectively protect the climate system, countries have the obligation to prevent significant damage to the climate system and the obligation to cooperate. Vietnam also emphasized the importance of the principle of "common but differentiated responsibilities" in determining the obligations of countries.

The Vietnamese delegation attending the Presentation Session was led by Mr. Nguyen Dang Thang, Director of the Department of Law and International Treaties, Ministry of Foreign Affairs ; Vietnamese Ambassador to the Netherlands Ngo Huong Nam joined the delegation.

From December 2-13, 2024, the International Court of Justice (ICJ) held a Direct Hearing in the Advisory Opinion on State Responsibility for Climate Change at the Peace Palace, The Hague, Netherlands, to listen to the views of countries and international organizations. The Vietnamese delegation attending the Hearing was led by Mr. Nguyen Dang Thang, Director of the Department of Law and International Treaties, Ministry of Foreign Affairs ; Vietnamese Ambassador to the Netherlands Ngo Huong Nam joined the delegation.

On December 12, 2024, Mr. Nguyen Dang Thang and Associate Professor, Dr. Nguyen Thi Lan Anh, Deputy Director of the Diplomatic Academy, Vietnam's candidates for the position of Judge of the International Tribunal for the Law of the Sea for the 2026-2035 term, presented Vietnam's viewpoint to the Court.

Director of the Department of Law and International Treaties, Ministry of Foreign Affairs Nguyen Dang Thang, spoke at the meeting.

Vietnam requested the ICJ to affirm that countries have the obligation to combat climate change according to relevant international treaties such as the United Nations Framework Convention on Climate Change, the Kyoto Protocol, the Paris Agreement, the 1982 United Nations Convention on the Law of the Sea (UNCLOS), as well as the principles of customary international law. Vietnam affirmed that, in order to effectively protect the climate system, countries have the obligation to prevent significant damage to the climate system and the obligation to cooperate. Vietnam also emphasized the importance of the principle of “common but differentiated responsibilities” in determining the obligations of countries. Accordingly, although all countries have a common responsibility to prevent acts that harm the environment and to remedy the consequences of climate change, the implementation of this responsibility needs to take into account the differences in emissions history and capacity of countries.

Most of the participants in the Presentation Session shared the view that scientific evidence confirms the direct relationship between high emissions and significant damage to the climate system. On that basis, Vietnam believes that leading emission countries, especially developed countries, need to stop damaging actions and have the obligation to repair the damage caused. In this process, affected developing countries need to be consulted to clearly identify their needs and then implement appropriate remedial measures, aiming at restoration of the status quo as well as efforts to mitigate and adapt to climate change through financial support, capacity building and technology transfer.

Associate Professor, Dr. Nguyen Thi Lan Anh, Deputy Director of the Diplomatic Academy, Vietnam's candidate for the position of Judge of the International Tribunal for the Law of the Sea for the 2026-2035 term, presented Vietnam's viewpoint before the Court.

On this occasion, the Vietnamese delegation also had meetings with the Permanent Court of Arbitration (PCA) and the Hague Academy of International Law on cooperation activities in the coming time, focusing on supporting training and improving international legal capacity for Vietnam.

Previously, on March 29, 2023, the United Nations General Assembly passed Resolution 77/276 requesting the ICJ to provide an advisory opinion on climate change, revolving around two questions: a) The obligations of states under international law to protect the climate system and the environment from greenhouse gas emissions from human activities; b) The legal consequences of states' actions or inactions that lead to negative impacts on the climate system and the environment.

This is the first time Vietnam has fully participated in the procedures in the process of seeking an advisory opinion from the ICJ, affirming Vietnam's proactiveness and positivity in the process of multilateral legal integration. Vietnam is a member of the Core Group of 18 countries founded by Vanuatu to promote the adoption of Resolution 77/276. After the Resolution was adopted, Vietnam coordinated with Vanuatu and a number of countries in the Hot Group to discuss and organize workshops to enhance capacity and support ASEAN and Asia-Pacific countries in the process of building arguments at the Court. Before participating in the direct presentation at The Hague, Vietnam submitted its National Submission and Written Comments to the ICJ to express its official views on the questions raised above in Resolution 77/276.

According to the ICJ Secretariat, with more than 90 countries and international organizations submitting State Submissions and more than 100 countries and international organizations participating in the Presentation Session, the advisory opinion process on climate change is the largest case in the history of the Court's activities, demonstrating the expectations of countries on the role and contribution of the ICJ in efforts to prevent and respond to climate change./.

Source: https://dangcongsan.vn/thoi-su/cac-quoc-gia-co-nghia-vu-ngan-ngua-ton-hai-dang-ke-doi-voi-he-thong-khi-hau-va-nghia-vu-hop-tac-686693.html