Page 161 - Ebook HTKH 2024

In new-generation FTAs, alongside specific commitments to open markets, reduce
tariff and non-tariff barriers, along with timelines and specific commitment schedules,

environmental provisions are often mentioned with the "spirit" of recommending and
encouraging the parties to "strive" to achieve environmental goals. However, these
provisions tend to "tighten" the assurance of achieving these goals rather than merely
stopping at encouragement. For example, although not explicitly referred to with the
term "obligation," both EVFTA and CPTPP stipulate that the parties need to amend and
supplement relevant policies and legal regulations to achieve environmental
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objectives. Meanwhile, due to the nature of international law, an international treaty,
or a specific provision must be implemented by the parties with dedication and goodwill

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in accordance with the principle of Pacta sunt servanda . From now on, the parties
involved in these new-generation FTAs must, by all necessary means, adjust,
supplement, or enact new policies and legal regulations that align with the
environmental content as agreed upon. Of course, the parties will base their policies and
regulations on the conditions and circumstances at hand; however, they must also adhere
to the guidelines for establishing voluntary mechanisms for environmental protection in

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each country .
In addition to the general provisions regarding policy commitments that only use
advisory and encouraging language, the content of other provisions may refer to very
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specific requirements, such as the issue of pollution control from ships , where
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maritime transport agreements reference compliance with the Marpol Convention . It
can be seen that, compared to other international environmental treaties, the
environmental provisions in new-style FTAs like the EVFTA or CPTPP carry a unique

weight; they do not impose sudden obligations but rather gradually tighten
obligations-perhaps this is part of the reason why environmental commitments in
new-generation FTAs are often easier to pass than international environmental treaties.
Moreover, the environmental commitments in new-generation FTAs have
compliance monitoring mechanisms and higher compliance responsibilities for the
parties, thus creating more effective outcomes. First, it is important to note the shift in

the obligated subjects; while traditional international environmental treaties impose
commitments and obligations solely on public entities, namely the state, in
new-generation FTAs like the EVFTA or CPTPP, the obligated subjects can sometimes
shift from the state to private entities such as businesses and investors. For example,
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when Vietnamese products are imported into the EU, they must bear the CE mark ;
However, to obtain the CE mark, the products must meet safety and environmental

76 Clause 2. Article 13.2 EVFTA; Clause 3. Article 20.3 CPTTP
77 Article 26 of the 1969 Vienna Convention on the Law of Treaties
78 Article 20.11 CPTTP;
79 Article 20.6 EVFTA;
80 The International Convention for the Prevention of Pollution from Ships (Marpol), signed at London on 2
November 1943, as amended by the Protocol of 1978 at London on 17 February 1978, and the Protocol of 1997
amending the 1973 Marpol Convention by the Protocol of 1978 at London on 26 September 1997.
81 CE stands for “Conformité Européenne”, which means European standard, and is fully and officially called CE
Marking. CE Marking is the official name of CE. A product with a CE label means that it can automatically
circulate in the European market, recognized by the law of the European Union.
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