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4.3. The legal nature of the term green growth and trends forecasting
Through the analyzed contents, it can be seen that the goals of green growth have
not yet been codified into an independent legal framework within the international legal
system. However, the essence of green growth is embedded in many international treaty
commitments at various levels, with the aforementioned analyses indicating that
integrating the principles of green growth into new-generation FTAs facilitates the
achievement of these goals through specific mechanisms.
The goals of green growth, or more broadly, environmental objectives, do not aim
for inequality; instead, they focus on promoting balanced and comprehensive
development—bridging the gap. In the agreements and declarations surrounding
environmental issues and sustainable growth in new-generation FTAs, the parties even
affirm that exploiting environmental commitments or obligations to discriminate or
create inequality violates the spirit of the agreement.
However, the inherent contradiction in cooperation always exists, and disparities
and gaps are no exception. The only difference is that when the goals of green growth
are integrated into FTAs, the parties have made greater efforts to mitigate disparities and
inequalities through accompanying trade mechanisms. Indeed, integrating multiple
development-related objectives into international agreements is not uncommon;
historically, loan agreements have always included accompanying terms . In many
88
cases, these accompanying terms turn ODA (Official Development Assistance) funding
89
into a "trap" due to disparities in development levels, capital management capabilities,
or sometimes technological dependence, leading borrowing or aid-receiving
countries to exert significant effort in improving their institutions. The policies and
regulations may leave marks of dependence and inequality. On the other hand, with the
new-style FTAs that include accompanying terms on green growth, environmental
protection, and sustainable development, we can trust that the trade mechanisms
associated with these agreements will not create excessively large disparities or
dependencies like those seen in past loan or aid agreements. Unlike loan or aid
agreements (which involve a one-sided relationship between the lender or donor and the
borrower or recipient), FTA agreements are characterized by deep exchanges,
compromises, and mutual benefits, leading to better balance. A clear example is in the
EVFTA, on which both parties agreed and selected sectors of mutual interest to prioritize
for tariff elimination. Additionally, the implementation of commitment schedules
always comes with a roadmap, which will differ between the two parties depending on
their capabilities and real conditions, combined with mutual agreements, but generally
will not enforce a "one-size-fits-all" approach requiring both sides to be identical. In
terms of trends, with the positive signs in FTA implementation currently, in the short
and medium term, green growth objectives will continue to be integrated into these
agreements within the framework of commitments on environmental and
88 James Arvanitakis & David J. Hornsby (2024). International Relations, Chapter Global Wealth and Poverty.
Https://www.e-ir.info/publication/beginners-textbook-international-relations/ accessed 12 Aug 2024.
89 Https://ngkt.mofa.gov.vn/cai-thien-cau-truc-no-cong-va-kiem-soat-mat-trai-cua-oda/ accessed 12 Aug 2024;
See also: https://vietnamnet.vn/en/oda-and-the-trap-of-preferential-loans-E208423.html accessed 12 Aug 2024.
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