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4. Research Findings
4.1. Green growth from the perspective of international law
From a theoretical standpoint, green growth in itself cannot yet be regarded as a
comprehensive legal concept. Indeed, fundamental legal concepts are built upon rights
and obligations, and they need to be constructed and enforced through a process with
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many strict constraints.
For instance, regarding a tangible object like a specific car, the legal concepts

surrounding that car must include the rights and obligations associated with it. The
content of these rights and obligations must be very specific rather than being referred
to as general rights or obligations concerning cars. Specifically, the content of rights and
obligations related to a car must address the question of who is involved and what their
specific rights and obligations are. For example, an owner is someone who has
ownership rights over the car (which includes the right to dispose of the car, the right to
possess the car, and the right to use the car). The obligation of the vehicle owner is to
ensure that the vehicle meets all necessary safety conditions when participating in

traffic. In the case of an action such as crime prevention, the legal concept surrounding
this action also requires us to determine who is carrying out that action, under what
circumstances or situations it must be performed, how it should be executed, and what
happens if no action is taken.
Meanwhile, when reflecting back on the concept of green growth, we do not see it
addressing these issues. The essence of green growth (as presented in section 2) is

fundamentally a statement or a program with defined goals to strive towards.
In practical terms, green growth can be "legalized" within the legal framework of
a country and also in international law. Within the scope of this small study, the authors
will only address green growth in international law. To explore the content of green
growth in international law, the authors utilize the theory of sources of international
law, concluding that the term green growth has not yet been recognized as a legal term
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in the fundamental sources (including international treaties and customary
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international law ), but the contents of green growth have been acknowledged in
international treaties concerning the environment and trade. As presented in section 2,
the content of green growth in international environmental treaties is being realized less
effectively than in trade treaties. Therefore, in this study, the authors will focus their
research on international trade treaties, specifically FTAs.
The typical contents of FTAs, such as the EVFTA and CPTPP, can all be related

to the goals of green growth. Indeed, the environmental provisions in new-generation

72 Zucca, Lorenzo (2009), The Concept of Fundamental Legal Rights, Constitutional Dilemmas: Conflicts of
Fundamental Legal Rights in Europe and the USA (Oxford, 2008; online edn, Oxford Academic, 1 Jan. 2009),
https://doi.org/10.1093/acprof:oso/9780199552184.003.0002, accessed 11 Aug 2024. See also Pokol, B. (2001).
The concept of law: the multi-layered legal system.. Budapest: Rejtjel Ed. https://nbn-resolving.org/
73 Article 38. The Statute of the International Court of Justice - ICJ
74 https://treaties.un.org/Pages/overview.aspx?path=overview/definition/page1_en.xml accessed 12 Aug 2024.
75 Barrett, Kathleen (2020), Customary International Law, Oxford Research Encyclopedia of International
Studies. 17 Dec. 2020; Accessed 19 Sep. 2024.
https://oxfordre.com/internationalstudies/view/10.1093/acrefore/9780190846626.001.0001/acrefore-9780190846
626-e-531. accessed 12 Aug 2024.

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