INTERNATIONAL WORKSHOP: “Trade and Marine Environmental Protection: Status and Perspectives of International, Regional, and National Legal Laws”

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INTERNATIONAL WORKSHOP

Trade and Marine Environmental Protection: Status and Perspectives of International, Regional, and National Legal Laws

Organized by the Foreign Trade University (FTU, Vietnam)

In collaboration with the University of Tours and the University of Rennes 2 (France)

With the support of the World Trade Organization within the framework of the FTU’s WTO Chair Program and the French Embassy in Vietnam on the occasion of the 50th anniversary of diplomatic relations between Vietnam and France

The international seminar on “Trade and Marine Environmental Protection: Status and Perspectives of International, Regional, and National Legal Laws” was co-organized by the Foreign Trade University of Vietnam in collaboration with the University of Tours and the University of Rennes 2 (France). The seminar received support from the World Trade Organization (WTO) through the WTO Chair Program of the Foreign Trade University and the Embassy of France in Vietnam, on the occasion of the 50th anniversary of diplomatic relations between Vietnam and France. The event was successfully held on April 6 and 7, 2023, attracting the participation of numerous scholars, experts, professors, and students from various universities, research institutes, and government agencies across Asia, Europe, the Americas, and Africa.

The opening session of the seminar featured keynote speeches by Assoc. Prof. Dr. Le Thi Thu Thuy, President of the Council of the Foreign Trade University; Mr. Werner Zdouc, Director of the WTO Chair Program; and Mr. Bela Hegedus, Deputy Cultural Attaché of the French Embassy in Vietnam.

On the first day of the seminar, themed “Trade and Environment in the Context of the WTO and Regional Agreements,” held on the afternoon of Thursday, April 6, 2023, the discussions focused on issues related to trade and environmental protection, particularly in the context of the World Trade Organization (WTO) and regional agreements. The seminar comprised two sessions, each with several sub-sessions, where experts and scholars presented on various topics related to the conference theme.

During the first session, starting at 2:30 PM, the central theme was “Trade and Protection of the Marine Environment: A Comprehensive Approach through International Legal Instruments.” Experts discussed aspects related to the trade of fisheries subsidies and their environmental impact. The first working session was chaired by Prof. Michel Trochu, a distinguished professor at the University of Tours and former legal expert of the European Parliament (France). Christian Vidal-Léon, Legal Advisor at the WTO Legal Advice Center (Switzerland), presented and focused on the WTO Fisheries Subsidies Agreement. Subsequent presentations discussed the perspective of a developing country with a diverse fishing industry, presented by Mr. Nguyen Ha Hue, Minister Counselor of the Permanent Mission of Vietnam in Geneva; the efforts of ASEAN countries in developing a common policy for the WTO Fisheries Subsidies Agreement, presented by Ms. Tran Thi Thuy Duong, Deputy Editor-in-Chief of the Journal of Legal Science, Ho Chi Minh City Law University. The discussions also covered regulations on fisheries subsidies to eliminate illegal, unreported, and unregulated fishing, presented by Tran Phuong Ngoc, Lecturer in International Trade Law, Faculty of Law, Foreign Trade University, and challenges in enforcing the WTO Fisheries Subsidies Agreement in Vietnam, presented by Assoc. Prof. Dr. Nguyen Ngoc Ha, Deputy Head of the Law Department, Foreign Trade University.

In the second session, the focus was on “Trade and Environmental Protection in the Context of Regional and National Legal Instruments,” where experts discussed legal tools and regulations for managing and safeguarding the environment within the framework of regional and national agreements. The first sub-session, chaired by Ms. Tran Thi Thuy Duong, discussed the management of environmental regulations and sustainable development within the legal framework of the European Union (EU). Experts addressed challenges in implementing sustainable development principles established in recent EU-Asia Pacific agreements and environmental protection constraints in the region. Professor Michel Trochu, former legal expert of the European Parliament, analyzed the difficulties and challenges in applying sustainable development principles and protecting the marine environment in practice. Additionally, Professor Danielle Charles le Bihan, distinguished professor at the University of Rennes II (France), presented on EU-Vietnam (and EU-ASEAN) partnerships and a new approach to sustainable green economies in the European Union. She emphasized the importance of establishing environmental management rules and sustainable development in regional trade and environmental agreements. Mirella Ribeiro Parente de Vasconcelos, a doctoral candidate at the University of Fortaleza Law School (Brazil), presented on the topic of the green carbon market from the perspective of the Paris Agreement and the European Green Deal.

In the second sub-session, experts discussed environmental management rules, sustainable development, and marine environmental protection in regional trade and environmental agreements. Guy Mahoungou, a doctoral researcher and lecturer in public law at Paris-Est Créteil University, presented on the Sustainable Fisheries Partnership Agreement (SFPA) between the European Union and African countries. He proposed solutions to enhance the effectiveness of the agreement, including strengthened monitoring and inspection, improved technical skills for fishermen, and supportive policies to make sustainable fisheries more competitive. Dr. Ly Van Anh, Scientific and Administrative Coordinator of the New Challenges of Economic Globalization Research Program (NEME), Faculty of Law, Laval University (Canada), discussed the state of marine environmental protection in trade agreements, particularly the differences between traditional and new-generation agreements. Specifically, she addressed why traditional trade agreements failed to protect the marine environment and introduced the integration logic in new-generation agreements that could address this issue.

Finally, the seminar concluded the first day with a lively discussion among speakers and the audience on issues related to trade and marine environmental protection. The seminar provided participants with an overview of these issues and proposed reinforced approaches supported by regional and national legal tools.

2ND DAY, April 7, 2023

Continuing with the third sub-session, the second session on Friday, April 7, 2023, focused on regulations regarding the environment, sustainable development, and the protection of the marine environment within national law. This sub-session was chaired by Associate Professor Dr. Ngo Quoc Chien, Head of the Basic Law Department, Faculty of Law, Foreign Trade University.

The sub-session began with speeches and reports from environmental, seafood, and marine resource management experts, addressing crucial topics that play a pivotal role in ensuring the sustainable development of industries related to the sea, particularly the seafood industry. Mr. Nguyen Hoai Nam, Deputy Secretary-General of the Vietnam Association of Seafood Exporters and Producers, started the sub-session with a speech on the EU’s yellow card for IUU seafood products and Vietnam’s measures. He introduced the certification process and issuance of yellow cards for seafood products meeting international standards. Additionally, he discussed solutions for the sustainable development of the seafood industry and the limitation of illegal, unreported, and unregulated (IUU) fishing activities. Following this, Associate Professor Dr. Trinh Thi Thu Huong, Director of the WTO Chair Management Board – FTU, Foreign Trade University, presented solutions for the sustainable development of Vietnam’s seafood industry based on Thailand’s experience with IUU card revocation. She also introduced measures to develop sustainable seafood, including improving product quality and value, promoting sustainable business, and accessing global markets. Next, Mr. Nguyen Khac Vuot, Head of the Military Science Department, Vietnam Coast Guard Command, provided insights into the causes, consequences, and solutions to combat IUU fishing in Vietnam. He emphasized the need for strict legal regulations to protect the marine environment and ensure sustainable marine resource management. Additionally, he discussed anti-IUU fishing measures in Vietnam.

Concluding the sub-session, Associate Professor Dr. Ngo Quoc Chien summarized the content of the speeches and reports from experts, emphasizing the importance of ensuring sustainable development for industries related to the sea. He highlighted suggestions and proposals to enhance marine resource management and protect the marine environment within national law. The third sub-session concluded successfully, leaving valuable lessons and experiences for the sustainable development of sea-related industries, especially the seafood industry.

Continuing from the second session of the seminar on trade and marine environmental protection, the third session addressed the theme “Trade and Environmental Protection: Specific Approaches to Threats and Specific Scenarios.” The first sub-session focused on “Protecting the Marine Environment: Supporting Measures for Climate Change.” PGS. Emilie Delcher from Nantes University – Law and Society Change (DSC – UMR 6297) chaired this sub-session. Speakers presented their solutions and experiences in dealing with climate change impacts on the marine environment. In the first part of the sub-session, Carla Mariana Aires Oliveira, a doctoral student from the Federal University of Ceará (Brazil), discussed the fair and comprehensive energy transition process of offshore wind energy in the Ceara state and the role of marine spatial planning in Blue Amazon (Brazil). She also introduced supportive solutions for offshore wind energy development in NSEC and shared experiences for Vietnam. The second presentation, “Supportive Solutions for Offshore Wind Energy Development in NSEC and Experiences for Vietnam,” was delivered by two faculty members from the Faculty of International Law, Ho Chi Minh City University of Law (Vietnam), Le Minh Nhut and Cao Duc Anh. This presentation focused on introducing supportive solutions for offshore wind energy development in the Southern Economic Zone (NSEC) and Vietnam’s applied experiences in offshore wind energy development. Following the two presentations, a discussion took place, providing an opportunity for experts, researchers, and other members of the international community to discuss and share perspectives on this topic.

In the afternoon of the same day, in the following part of the first sub-session, the third session, Nguyen Vu Diem Quynh, a trainee lawyer at Watson Farley & Williams (Hanoi) (Vietnam), and Bui Thi Dieu Thuy, Offshore Wind Project Coordinator (Vietnam), will present on the implementation of environmental impact assessments for offshore wind projects, lessons from the United Kingdom, and recommendations for Vietnam. Following that, Nguyen Lan Huong, lecturer in International Law at Ho Chi Minh City University of Law, will discuss sustainable development through Free Trade Agreements (FTAs), with a focus on promoting offshore wind energy in Vietnam. The subsequent presentation on the legal issues related to the construction and management of offshore solar power plants in Vietnam by Ly Vuong Thao, lecturer at the Faculty of Law, Foreign Trade University, will further clarify the theme of this sub-session.

The second sub-session takes place with the theme “Specific Measures to Protect the Marine Environment,” chaired by Assoc. Prof. Dr. Trinh Thi Thu Huong, Director of the WTO Chair Program Management Board at FTU. Experts Adriana Isabelle from the University of Pisa (Italy) and Tarin Frota Mont’Alverne from the Federal University of Ceará (Brazil) shared their perspectives on indicating the role and limits between trade and environmental measures in combating plastic pollution in the sea. Following this, Gérard Blanc, Honorary Professor from Aix-Marseille University (France), presented the Lebanon-Israel agreement on their maritime border. Subsequently, Emilie Delcher, Associate Professor from Nantes University – Law and Society Change (DCS – UMR 6297), provided insights into Europe’s legal strategies to protect the marine environment and trade in the Arctic.

Following that, the third sub-session focuses on environmental protection measures in investment and digital technology. In the role of the session chair, Assoc. Prof. Dr. Nguyen Ngoc Ha – Deputy Head of the Law Department, Foreign Trade University (Vietnam), the speakers will discuss the role of international investment law in promoting sustainable investment in the marine environment, analyze recent trends in treaty drafting, and resolve disputes between states and investors.

Regarding the analysis of the role of international investment law in promoting sustainable investment in the marine environment, Dr. Vu Kim Ngan, Deputy Director of the WTO Chairs Program at FTU (Vietnam), also shared her perspective on this issue. Saulo José Casali, Federal Judge, Associate Professor at the Federal University of Bahia (Brazil), and Heron Gordilho, Professor at the Federal University of Bahia (Brazil), introduced measures implemented by Brazil related to trade and investment concerning the sea. Additionally, speaker Saulo José Casali, Federal Judge, Associate Professor at the Federal University of Bahia (Brazil), also shared measures implemented by Brazil related to sea-related trade and investment to protect the marine environment. Furthermore, the issue of digital law in protecting the marine environment was presented by Brunessen Bertrand, Professor, Jean Monnet Chair in European Law on Data Governance (DataGouv), University of Rennes (France). This event provided an opportunity for experts to exchange and share knowledge and experiences in the field of protecting the marine environment in investment and digital technology.

The seminar concluded, leaving many emotions and positive impressions from the speakers, experts, and participants, marking a new milestone in the activities organized by the WTO Chair Program at FTU.