The Right to Access Water Resources (Blue Rights): Legal Framework, Challenges, and Implications for Viet Nam
Nguyễn Toàn Thắng
Sunday, Sep/14/2025 - 06:51
The article proposes legal and multi-level strategic solutions to enhance the effectiveness of implementing these rights. The main recommendations include harmonizing economic development with the protection of water resources, improving enforcement and monitoring as well as establishing accountability mechanisms, strengthening cooperation, and building effective mechanisms for resolving transboundary disputes. The article affirms that protecting Blue Rights is a critical legal obligation for achieving the Sustainable Development Goals and ensuring the future.
Abstract: Blue Rights, or the rights to access water resources, are fundamental human rights widely recognized in international and national law. Despite progress, the implementation of Blue Rights faces numerous challenges due to the impacts of climate change, economic development pressures, and the complexities of transboundary water resource management. This paper analyzes the international legal dimensions of Blue Rights, identifying key implementation challenges such as the conflict between economic development and water protection, deficiencies in enforcement and monitoring mechanisms, and unresolved transboundary disputes. Drawing on international legal principles, international practices, and the Vietnamese legal and practical context, the paper proposes multi-layered legal and strategic solutions to enhance the effective enforcement of these rights. Key recommendations include harmonizing economic development with water resource protection, improving enforcement and monitoring effectiveness while establishing accountability mechanisms, and strengthening cooperation alongside building effective transboundary dispute resolution mechanisms. The paper affirms that protecting Blue Rights is a crucial legal obligation for achieving Sustainable Development Goals and ensuring a sustainable future for nations, including Vietnam.
Keywords: Blue Rights, water resources, human rights, international law, state obligations.
1. Introduction
Oceans, climate change, and sustainable development have become major topics attracting significant attention from the international community. Alongside traditional issues such as environmental protection, exploitation of natural resources, settlement of environmental disputes, and the right to food, the protection of human rights related to water, water resources, and sanitation—referred to as Blue Rights—has also repeatedly been discussed at international and regional forums, particularly in the context of climate change and rising sea levels that directly threaten the safety and enjoyment of these rights for people worldwide.
Blue Rights, encompassing the human right to access and sustainably use water resources, is an increasingly recognized concept in the context of climate change and growing pressures from economic development. It is a symbolic term that underscores access to water as a fundamental human right. In this article, Blue Rights is understood to include the rights to access clean water and sanitation, the right to protect freshwater and marine ecosystems, and the right to sustainably exploit water resources.[1]
Clean water is an invaluable resource and an essential need for sustaining human life. According to WHO and UNICEF, in 2020, 74% of the global population used safely managed drinking water services—60% in rural areas and 86% in urban areas. In the same year, 54% of the global population used safely managed sanitation services—44% in rural areas and 62% in urban areas.[2]
Figure 1: Six out of Eight SDG Regions Had Estimates on Safely Managed Drinking Water in 2022[3]
However, according to UNESCO, as of 2022, 2.2 billion people still lacked access to safely managed drinking water services (as set out in Sustainable Development Goal 6.1),[4] and approximately 3.6 billion people faced water scarcity for at least one month each year. It is projected that this number will exceed 5 billion by 2050.[5] In addition, documents also indicate that 3.6 billion people continue to lack safely managed sanitation services, including 1.9 billion with basic services, 580 million with limited services, 616 million using unimproved facilities, and 494 million practicing open defecation.[6] UNESCO’s 2021 report further emphasized inequalities in the distribution of water resources across regions, noting that in many countries in Africa and Asia, water is allocated preferentially to export-oriented agriculture and industry, while informal settlements—particularly in rapidly urbanizing areas—lack reliable water supply systems.[7]
General Comment No. 15 of the United Nations Committee on Economic, Social and Cultural Rights (CESCR) affirms that the right to water is “indispensable for leading a life in human dignity and a prerequisite for the realization of other rights”, including the right to life, the right to health, and the right to an adequate standard of living.[8] The linkage between Blue Rights and human rights is further affirmed in United Nations General Assembly Resolution 64/292 (2010), which, for the first time, declared safe drinking water and sanitation to be an independent human right and called on States and international organizations to provide financial and technical assistance to increase people’s access to water.[9]
Although referenced in major international human rights instruments such as the Universal Declaration of Human Rights (UDHR, 1948), the International Covenant on Civil and Political Rights (ICCPR, 1966), and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW, 1979), the realization of Blue Rights remains limited and faces significant challenges. This is particularly true in the context of increasingly frequent extreme weather events resulting from climate change, pressures from population growth, and economic crises, all of which have become burdens and sources of conflict with the development goals of States, including developing countries such as Vietnam in their efforts to find solutions for achieving the Sustainable Development Goals.
Against this backdrop, this article focuses on analyzing the international legal dimensions of Blue Rights, the challenges they face, and the solutions needed to ensure their effective implementation with a view to achieving Sustainable Development Goal 6 in Vietnam.
2.
International Legal Framework on Blue Rights
2.1. The 1982 United Nations Convention on the Law of the Sea (UNCLOS)
The 1982 United Nations Convention on the Law of the Sea (UNCLOS)[10] is an important international legal instrument that provides a comprehensive framework for the management and use of seas and oceans. Although it does not contain explicit provisions on Blue Rights, as the charter of the seas and oceans, UNCLOS makes certain references related to access to water and resources. According to UNCLOS, access to the sea and the management of marine resources constitute fundamental rights of all States.[11] These rights ensure fairness and equality in the use of seas and oceans, including such rights as freedom of navigation, the right of transit passage through international straits, the right of access to marine resources, and the obligation to protect the marine environment. UNCLOS establishes a system of rights and obligations concerning access to the sea, aiming to strike a balance between the interests of States and the conservation of resources in seas and oceans. Naturally, in exercising these rights, each State must also respect the rights of other States.
Within the Exclusive Economic Zone (EEZ), the coastal State enjoys sovereign rights over both living and non-living resources, while other States may still access and exploit such resources with the consent of the coastal State.[12] Articles 69 and 70 establish a special mechanism for landlocked States and geographically disadvantaged States, allowing them to access a portion of the living resources of the EEZ if the coastal State does not exploit the full capacity. In the high seas, Article 87 grants all States the freedom to fish and harvest marine living resources, subject to the principle of conservation and sustainable use. With respect to “the Area” (the seabed and ocean floor and subsoil thereof beyond the limits of national continental shelves), Articles 136–140 designate it as the common heritage of mankind, allowing all States to access and exploit it, but under the regulation of the International Seabed Authority (ISA).
It should also be noted that, under the provisions of UNCLOS, the right of access to the sea is inseparable from the obligation to protect the marine environment in order to ensure sustainable exploitation and to prevent harm to marine ecosystems. Accordingly, all States bear the responsibility to protect and preserve the marine environment, not only within areas under their sovereignty and jurisdiction but also in the high seas.[13] While States have the right to exploit marine resources, they must do so in accordance with the principle of sustainable development, taking necessary measures to prevent, reduce, and control marine pollution arising from activities such as maritime transport, offshore oil and gas exploitation, and seabed resource extraction.[14]
2.2.
The 1997 United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses
The use and protection of transboundary water resources under the 1997 Convention on the Law of the Non-Navigational Uses of International Watercourses (UN Watercourses Convention)[15] are established on the principle of equitable and reasonable utilization, ensuring the legitimate rights and interests of riparian States (Article 5). At the same time, States are obliged to take all necessary measures to prevent significant harm to other States in the course of exploiting and using shared water resources (Article 7). The duty of cooperation among riparian States is founded on equality, respect for sovereignty, and mutual benefit, with a view to promoting the effective and sustainable management of water resources (Article 8). The exchange of information among States is mandatory to ensure transparency and coordination in monitoring and assessing the impacts of activities relating to international watercourses (Article 9). These provisions not only establish a clear legal framework but also lay the groundwork for an effective and sustainable governance mechanism for transboundary water resources.
Equity in the Exploitation of Water Resources
Territorial sovereignty constitutes the legal foundation for the right of riparian States to use international water resources. The principle of sovereign equality ensures that all riparian States have equal rights in terms of the quality of access to water resources. However, it should be noted that equality of rights to use does not mean an equal division of purposes, benefits derived from the water, or the water resources themselves. The Convention emphasizes the equitable utilization of water resources (Article 5). This means that no State may monopolize the use of a shared watercourse; rather, it must take into account the rights of other States sharing the resource. Each State has the right to use the portion of a watercourse within its territory, but this right is not absolute and is limited by the obligation to ensure that other concerned States also enjoy comparable benefits. According to Stephen McCaffrey, the principle of equity under the Convention does not favor either upstream or downstream States, but instead seeks to allocate benefits in a balanced and reasonable manner, based on the specific circumstances of each watercourse.[16] Given the complexity of equity, the determination and application of this principle requires flexibility and careful consideration (Article 6).
Reasonableness in the Exploitation of Water Resources
Together with the principle of equity, the Convention requires the reasonable utilization of water resources (Articles 5 and 6). States are under an obligation to use international watercourses in a manner that does not cause significant harm to other States and that is consistent with the natural and social conditions of the watercourse. “Reasonableness” here does not serve the interests of a single State but aims to maximize benefits for all riparian States, meeting their needs while minimizing adverse impacts and ensuring that use does not exceed the carrying capacity of ecosystems or impose unnecessary disadvantages on other States. Article 5(1), in conjunction with Article 7 (the obligation not to cause significant harm), creates a standard for assessing reasonableness, under which States must take into account the transboundary impacts of their actions. In addition, Article 6 provides a detailed framework for evaluating “reasonableness” through factors such as the natural characteristics of the watercourse (Article 6(1)(a)), existing and potential uses (Article 6(1)(e)), and the availability of alternative options (Article 6(1)(g)). Laurence Boisson de Chazournes observes that the factors in Article 6 operationalize the concept of “reasonableness” by requiring States to consider both technical aspects (such as resource conservation) and social aspects (such as the needs of dependent populations).[17] Article 6(2) also encourages consultations among States when necessary to ensure that utilization is regarded as reasonable in the overall context.
The notion of “reasonableness” is further reinforced by the requirement of sustainable use, reflecting the modern trend in international environmental law. This was emphasized by the International Court of Justice (ICJ), particularly in the 1997 Gabčíkovo-Nagymaros case (Hungary v. Slovakia).[18]
Reasonableness does not demand the most efficient use or the adoption of the most advanced technology. It is distinct from the concepts of beneficial use or optimal use. However, even when a particular use is determined to be reasonable, it may still be challenged through the lens of equity. The principle of equitable and reasonable utilization recognizes that equity has a broader scope, within which reasonableness becomes relative. This means that what one State considers reasonable may not be equitable when taking into account the overall use of the watercourse and the needs of other States. Thus, reasonable utilization must remain subject to equitable allocation.
The relationship between reasonableness and equity in the use of international water resources is inherently complex. Reasonable utilization is assessed on objective criteria, emphasizing sustainability and responsibility in the use of resources, while equity requires consideration of the interests of all riparian States. Equity demands a balance of interests among States, particularly where disparities in economic and technological capacities exist. Therefore, reasonable utilization must be assessed within the context of equity to ensure sustainable and equitable development for all States concerned. This principle requires cooperation and dialogue among riparian States in order to reach consensus on the use of international watercourses.[19]
2.3.
3. The Convention on Wetlands of International Importance Especially as Waterfowl Habitat (1971)
The Convention on Wetlands of International Importance Especially as Waterfowl Habitat (Ramsar Convention)[20] establishes legal obligations for its Contracting Parties to protect wetlands of international importance. Article 2 of the Convention provides that each Contracting Party must designate wetlands within its territory for inclusion in the Ramsar List. Such designation is not merely symbolic but constitutes a commitment by the State to manage and protect these ecosystems. In cases where a State must restrict or delete a designated wetland due to urgent national interests, the Convention requires that the State provide full compensation for the loss incurred. This compensatory measure includes establishing alternative reserves to maintain the ecosystem and habitats of dependent flora and fauna. This obligation reflects a balance between national interests and the responsibility of environmental protection, while also ensuring the sustainability of freshwater ecosystems.[21]
Articles 3 and 4 of the Ramsar Convention set out obligations for the conservation and sustainable use of freshwater ecosystems, including the conservation of biological diversity. Contracting Parties are required to develop plans and implement measures for the conservation and wise use of wetlands in order to protect ecosystems. This requires proactive management and monitoring of activities that may affect ecosystems. In cases where there are changes in the ecological character of a wetland due to development, pollution, or other impacts, the Contracting Party must promptly notify the Ramsar Secretariat.[22] The Convention also encourages the establishment of nature reserves to safeguard biodiversity and freshwater ecosystems.[23] Where wetlands are degraded or lost, the State concerned must provide compensation through other conservation and restoration measures. In addition, scientific research, data exchange, and the training of professional staff on wetland ecosystems are encouraged to support conservation efforts.
The Ramsar Convention not only imposes obligations on individual States but also promotes international cooperation in protecting freshwater ecosystems. Article 5 provides that States sharing transboundary rivers, lakes, or marshes must cooperate to protect and sustainably manage these ecosystems. Such cooperation includes consultation and coordination of conservation policies to ensure that the exploitation of water resources does not adversely affect other States.[24] Article 6 requires Contracting Parties to hold consultative meetings to assess the implementation of the Convention and to propose measures for the protection of freshwater ecosystems. Articles 7 and 8 set out responsibilities for monitoring and reporting, including the designation of experts to participate in international conferences and the supervision of implementation by the Ramsar Secretariat. These provisions establish an effective mechanism of supervision and cooperation, ensuring the serious fulfillment of obligations by Contracting Parties.
2.4.
The Convention on Biological Diversity (1992)
The Convention on Biological Diversity (CBD)[25] does not contain separate provisions dedicated exclusively to marine and freshwater ecosystems, but its rules apply to all ecosystems. Article 2 of the Convention defines “biological diversity” as the variability among living organisms from all sources, including terrestrial, marine, and freshwater ecosystems. This definition underscores that biodiversity encompasses all ecosystems, regardless of habitat. Article 6 requires Contracting Parties to develop national strategies, plans, or programs for the conservation and sustainable use of biodiversity. These measures must be integrated into national development plans and programs. Thus, the CBD establishes a general obligation for States to conserve and sustainably use biodiversity, including marine and freshwater ecosystems.
Article 7 of the CBD requires States to identify components of biodiversity important for conservation and sustainable use, to monitor these components, and to maintain related data. Article 8 sets out measures for the in situ conservation of biodiversity components, such as the establishment of protected areas, ecosystem restoration, and the control of invasive alien species. Article 10 encourages States to integrate considerations of the conservation and sustainable use of biological resources into national decision-making and to support the sustainable use of such resources. Accordingly, the CBD imposes specific obligations relating to the monitoring, conservation, and sustainable use of biodiversity, applicable to both marine and freshwater ecosystems.
Article 12 of the CBD promotes and encourages research contributing to the conservation and sustainable use of biodiversity, particularly in developing countries. Article 13 promotes and encourages understanding of the importance of conservation measures and the sustainable use of biodiversity through education and public awareness. Thus, the CBD underscores the significance of research, education, and public awareness in the protection of biodiversity, including marine and freshwater ecosystems.
2.5.
The Paris Agreement on Climate Change (2015)
The Paris Agreement on Climate Change (Paris Agreement)[26] contains numerous provisions concerning the specific obligations of States in mitigating the impacts of climate change on water resources. Although Article 4 of the Agreement does not directly regulate water resources, the reduction of overall greenhouse gas emissions is crucial to limiting the long-term impacts of climate change on the hydrological cycle. Sectors such as energy and agriculture, which consume significant amounts of water, play an essential role in mitigation efforts. Article 7 on adaptation provides the most direct legal basis for States to implement specific measures to manage water resources in a changing climate. The obligation to engage in planning and implementing adaptation, including through National Adaptation Plans (NAPs), enables States to address climate- and water-related risks. States are obliged to take adaptation measures, including water resource management, to mitigate the impacts of droughts, floods, and sea level rise. Vulnerable developing countries must be recognized and supported financially and technically to safeguard their water resources.
On the other hand, the Agreement emphasizes the role of finance and technology in protecting water resources from the adverse impacts of climate change. Article 9 establishes the obligation of developed countries to provide financial resources to assist developing countries in implementing adaptation and mitigation measures, including the protection of water resources. The mobilization of finance must ensure a balance between adaptation and mitigation, with particular attention given to countries vulnerable in terms of water resources. In addition, Article 13 requires Parties to submit Biennial Transparency Reports (BTRs), which include information on climate change impacts and adaptation, and may contain information on water resource management strategies in the context of mitigation and adaptation. Such reports may cover the implementation of water-related policies and measures to reduce greenhouse gas emissions and provide information on adaptation actions in the water sector.[27]
3. Challenges in the Implementation of Blue Rights
In practice, the realization of these rights faces significant obstacles. The main challenges include the inherent conflict between economic development needs and the imperative of protecting water resources, the lack of effective enforcement and monitoring mechanisms at both the national and international levels, as well as complex transboundary disputes concerning the sharing and management of common water resources.
3.1. The Conflict Between Economic Development and the Protection of Water Resources
The process of economic development, particularly industrialization and intensive agriculture, often exerts significant pressure on water resources, leading to overexploitation and severe pollution, which directly threaten the community’s right to access clean water and the sustainability of ecosystems.
Overexploitation of water resources undermines the community’s right to access water: Extracting water resources beyond their natural regenerative capacity is one of the leading causes of imbalance in the distribution and use of water, with adverse impacts on the right to access clean water—a fundamental human right recognized in major international instruments, including the International Covenant on Economic, Social and Cultural Rights (ICESCR)[28] and United Nations General Assembly Resolution 64/292 (2010).[29] The rapidly increasing demand for water in economic activities, ranging from agriculture and industry to services, has driven States, enterprises, and individuals to extract water on a large scale, often disregarding sustainable limits, thereby producing long-term consequences for both communities and the environment.
In Vietnam, the overexploitation of groundwater is particularly prevalent in densely populated delta regions such as the Mekong Delta. Groundwater serves as the primary source of domestic and production use for tens of millions of people, yet the rate of extraction has far exceeded the natural recharge capacity. This has resulted in land subsidence, with severe levels reported in provinces such as Cà Mau, Sóc Trăng, and Bạc Liêu, where the ground surface may sink by an average of 1.1 to 1.6 cm per year.[30] Subsidence not only damages infrastructure but also increases the risk of saltwater intrusion, contaminating valuable freshwater resources and threatening the livelihoods and agricultural activities of local communities.
In addition, the overexploitation of water depletes aquifers and lowers the levels of surface water sources (rivers and lakes), which play an essential role. This increases the cost of water extraction and treatment, posing particular difficulties for low-income households and vulnerable groups such as women, children, and the poor in remote areas, thereby exacerbating inequality. The lack of clean water also leads to serious health problems due to the use of polluted water and increases the burden on healthcare systems. Globally, this situation is also alarming. Numerous studies indicate that nearly two-thirds of the world’s population live under conditions of “water stress” for at least part of the year. The Global Water Partnership warns that without adjustment, by 2030 global water demand could exceed supply by up to 40 percent, threatening the right to access water for billions of people and carrying the risk of social conflict, economic instability, and migration. Therefore, controlling extraction, promoting efficient use, reuse, and integrated water resources management are key to reconciling economic development with the protection of human rights.[31]
Pollution from industrial sectors degrades water quality: Water pollution caused by industrial activities is a pressing governance challenge. Rapid industrialization has brought economic benefits but also generated large volumes of waste, while wastewater treatment systems in many areas remain outdated, ineffective, or nonexistent. As a result, both surface water and groundwater have experienced declining quality, directly affecting public health, ecosystems, and the fundamental right to access clean and safe water. Industries such as textiles and dyeing, paper, food processing, chemicals, mining, and metallurgy often discharge wastewater containing organic pollutants, heavy metals (lead, mercury, cadmium, arsenic), toxic chemicals, oils, and microorganisms. If untreated to required standards, these substances cause severe pollution in receiving water bodies. A typical example in Vietnam is the pollution in the Nhuệ–Đáy and Cầu river basins, where pollution indicators such as BOD5, COD, ammonia, and coliforms frequently exceed permissible limits. The main causes are wastewater from industrial clusters, craft villages, and urban areas that is either untreated or treated inadequately.[32]
The consequences of industrial pollution are severe. It degrades the quality of water supplies, forcing communities to use contaminated water, which results in increased incidences of gastrointestinal diseases, skin conditions, endocrine disorders, and cancer. In the long term, pollution leads to the degradation of aquatic ecosystems, the death of organisms, ecological imbalance, and the reduced self-purification capacity of rivers, thereby affecting biodiversity as well as vital wetlands, estuaries, and coastal areas. The solutions require a comprehensive approach, including stricter legal regulations, rigorous enforcement against violations, investment in centralized wastewater treatment systems, the application of advanced technologies, water reuse, and enhanced corporate responsibility awareness.[33]
3.2.
The Lack of Effective Enforcement and Monitoring Mechanisms
Although numerous international treaties refer to the right to access clean water and the management of water resources, their enforceability is often limited due to the lack of robust enforcement mechanisms and independent, effective monitoring systems.
Many international treaties lack robust enforcement mechanisms: One of the greatest challenges in the implementation of Blue Rights is the absence of effective enforcement mechanisms in international law. Most international treaties impose obligations on States but lack independent supervisory institutions and specific sanctions when such obligations are violated. International law, by its nature, primarily relies on voluntary compliance, goodwill, and cooperation among States. There is no international judicial body with general compulsory jurisdiction, unless the States concerned consent to submit their disputes to institutions such as the International Court of Justice (ICJ)[34] or the Permanent Court of Arbitration (PCA).[35]
For example, UNCLOS establishes obligations to protect the marine environment and to ensure the sustainable use of resources, but its implementation depends largely on the goodwill of States.[36] Similarly, the UN Watercourses Convention sets out important principles such as equitable utilization and the obligation not to cause significant harm, yet it does not establish an independent supervisory body or enforcement mechanism.[37] Dispute settlement also relies on consensus, leading to prolonged transboundary water conflicts (e.g., the Nile, Mekong, and Tigris–Euphrates Rivers).[38] Even the Ramsar Convention on Wetlands (1971), despite being a significant foundation, operates primarily on political commitments and cooperation, without punitive mechanisms.[39] This lack of binding force becomes more serious when States prioritize national economic or political interests over international obligations.
State responsibility in protecting Blue Rights has not been fully realized: Although international conventions such as the ICESCR, UNCLOS, the UN Watercourses Convention, and the Ramsar Convention establish specific obligations, the practical implementation of these responsibilities remains very limited, particularly in developing countries or where conflicts of interest exist.
First, many States have not fully incorporated international commitments on the right to water into their domestic legal systems. The right to access clean water, although recognized by the UN General Assembly as a human right, is often not explicitly codified in national legislation, making it difficult for individuals to claim enforcement or compensation. A UN-Water report indicates that approximately 2.2 billion people still lack access to safe drinking water, most of whom live in countries without effective legal frameworks to safeguard this right.[40]
Second, obligations to protect freshwater and marine environments are often merely formalistic. Economic pressures have led many States to relax environmental regulations, resulting in severe pollution. Freshwater ecosystems have been degraded by overexploitation, encroachment, and pollution. Although the Ramsar Convention requires the protection and wise use of wetlands, more than 35 percent of the world’s wetlands have disappeared since 1970.[41]
Third, the obligation of transboundary cooperation in the management of shared water resources has not been fully implemented. The principles of the UN Watercourses Convention—equitable utilization, the obligation not to cause harm, notification, and consultation—are often disregarded. Many States continue to undertake major projects (such as dam construction and water diversion) without adequate cooperation or information-sharing with neighboring countries, thereby violating international law and increasing the risk of conflict.
Finally, at the policy level, the right to water is often not fully integrated into strategies for sustainable development, climate change adaptation, or poverty reduction. This results in vulnerable groups such as poor communities, ethnic minorities, women, and children continuing to be marginalized in the management and distribution of water resources.
3.3.
Transboundary Water Resource Disputes
The increasing scarcity and strategic importance of water resources, particularly transboundary waters, have given rise to numerous complex and protracted disputes among States.
Differences in national legal systems hinder cooperation: One of the major obstacles to cooperation in transboundary water management is the divergence in legal systems and policies among States sharing water resources. Each State may adopt a different approach to ownership rights, water use rights, environmental standards, and governance structures, making it difficult to build trust and reach common agreements. The concept of “water rights” may vary across legal systems (for example, water as “public property” managed by the State versus private ownership or long-term usufructuary rights). Inconsistencies in water quality standards and environmental regulations also create asymmetries of responsibility and foster a “blame-shifting” mentality. For instance, pollution in the Mekong River illustrates the complexity when upstream activities (China, Laos) have downstream consequences (Vietnam) in the absence of an effective binding mechanism. Moreover, many States have not fully incorporated international cooperation principles (such as the obligation not to cause significant harm, information-sharing, and consultation under the UN Watercourses Convention) into their domestic laws. According to IUCN, fewer than half of the States with transboundary rivers have signed formal water-sharing agreements, and many existing agreements remain loose and lack enforcement mechanisms. Differences in legal terminology, judicial systems, and administrative models also slow down the process of cooperation.[42]
Conflicts over the rights to exploit and distribute transboundary waters remain unresolved: Numerous disputes over the exploitation and distribution of transboundary waters remain unsettled, reflecting both the ineffectiveness of the current international legal framework and power asymmetries. A typical example is the dispute over the Nile River basin, where Egypt and Sudan retain control over most of the flow based on colonial-era treaties, provoking resentment among upstream States. Ethiopia’s construction of the Grand Ethiopian Renaissance Dam (GERD) since 2011 has triggered serious tensions, with prolonged negotiations failing to yield a comprehensive binding agreement.[43] In Asia, the Mekong River is another hotspot, as China has built a series of large upstream dams without effective consultation, negatively affecting downstream countries. Although the Mekong River Commission (MRC) exists, China’s limited role (as a dialogue partner only) and the absence of a comprehensive legal agreement have left the conflict simmering.[44] Similar disputes also exist in the Jordan, Tigris–Euphrates basins, and many other transboundary aquifers. A common feature is the imbalance of power, the absence of a legal framework accepted by all parties, and the lack of sufficiently strong international institutions to enforce principles of equity, reasonableness, and the obligation not to cause significant harm. Although the UN Watercourses Convention provides a principled foundation, its voluntary ratification and lack of enforcement mechanisms have limited its practical effectiveness.
4.
Legal Proposals to Strengthen the Implementation of Blue Rights at the International and National Levels
To address the challenges in implementing Blue Rights, a multi-layered approach is required, combining the resolution of conflicts between economic development and the protection of water resources, the improvement of enforcement and monitoring mechanisms and the strengthening of accountability, while at the same time promoting effective cross-border cooperation and dispute settlement.
4.1.
Harmonizing Economic Development and the Protection of Water Resources: Legal Foundations and a Comprehensive Strategy
The inherent conflict between the objectives of economic growth, particularly through industrialization and intensive agriculture, and the urgent requirement of protecting water resources and related ecosystems constitutes one of the greatest challenges in implementing Blue Rights in Vietnam as well as in many other developing countries.[45] To address this issue, a multidimensional approach is needed, combining the strengthening of national legal foundations, the integration of water protection principles into all development strategies, and the promotion of more sustainable economic models.
Strengthening the Effectiveness and Efficiency of the National Legal Framework on Water Resources: The national legal framework plays a pivotal role in regulating activities of water extraction, use, and discharge, thereby minimizing the negative impacts of economic development. In Vietnam, the continued improvement and strict enforcement of cornerstone statutes such as the 2017 Law on Fisheries, the 2020 Law on Environmental Protection, the 2023 Law on Water Resources, and other related normative legal documents is a top priority. This process must focus on substantively integrating the core principles of Blue Rights, including the principle of equitable and reasonable utilization of water resources,[46] the obligation to protect ecosystems,[47] and the human right to safe water access.[48] This requires that regulations go beyond formality to establish concrete mechanisms ensuring priority access to water for domestic use, particularly for vulnerable communities.[49]
One of the challenges, as noted in Section 3.1, is the overexploitation of water, particularly groundwater in critical areas such as the Mekong Delta. To address this, the law must strictly regulate and enforce an extraction quota mechanism based on comprehensive scientific assessments of reserves, the natural replenishment capacity of water sources, and sustainable use needs.[50] This mechanism must be accompanied by a transparent monitoring and inspection system and sufficiently strong sanctions against violations. Similarly, with respect to pollution arising from industrial and agricultural activities, it is essential to tighten discharge standards, mandate the application of advanced treatment technologies, water recycling and reuse (Best Available Techniques – BAT), and clearly define the liability of polluters.[51] The effective implementation of the Polluter Pays Principle (PPP) should not be limited to the collection of fees but must also encompass the full valuation of environmental and human health damages, requiring polluters to provide adequate compensation and remediation. International experience shows that effective application of PPP requires a clear legal framework, competent enforcement agencies, and community participation in monitoring.[52]
Comprehensive Integration of Water Resource Protection Objectives into Development Strategies and Planning: The protection of water resources cannot be treated as a separate sector but must be regarded as a cross-cutting factor integrated into all strategies, plans, and socio-economic development programs at every level, from central to local. This requires a paradigm shift in policymaking, where water-related factors (quantity, quality, and the resilience of ecosystems) are considered on par with economic growth objectives.[53] Sectoral plans, particularly those relating to industry, agriculture, energy, transport, and urban development, must undergo rigorous Environmental Impact Assessments (EIA) and Strategic Environmental Assessments (SEA), in which the impact on water resources and Blue Rights must be a central concern. The mainstreaming of the Sustainable Development Goals (SDGs), especially SDG 6 (Clean Water and Sanitation) and SDG 14 (Life Below Water),[54] into national action plans must also be operationalized through clear indicators, timelines, and resource allocations. Strong inter-sectoral coordination and independent monitoring and evaluation mechanisms are essential to ensure that this integration goes beyond texts and is effectively implemented in practice.[55]
Promoting Circular, Low-Emission Economic Models and Nature-based Solutions: The transition to more sustainable economic models is a core solution to reducing pressure on water resources. The circular economy, with its focus on reducing, reusing, and recycling, must be strongly encouraged in water management, particularly in the treatment and reuse of wastewater in industry, agriculture, and urban areas.[56] This not only helps reduce water extraction from natural sources but also minimizes pollution. In addition, prioritizing and investing in Nature-based Solutions (NbS) is increasingly recognized as an effective approach with multiple co-benefits.[57] NbS such as restoring mangrove forests, protecting and rehabilitating wetlands (in the spirit of the Ramsar Convention), planting headwater forests, and applying ecological farming practices and climate-smart agriculture contribute not only to enhancing water retention, regulating flows, and improving water quality but also to strengthening climate resilience, conserving biodiversity, and improving community livelihoods.[58] For example, the restoration of mangrove ecosystems in the Mekong Delta not only helps protect coastlines and mitigate saltwater intrusion but also generates significant benefits in fisheries and ecotourism. Laws and policies must provide enabling conditions, including financial and technical mechanisms, to promote research, pilot projects, and the scaling up of circular economy models and NbS in water resource management.
The concerted implementation of the above-mentioned legal and strategic measures, with the participation of all stakeholders, will make an important contribution to resolving the conflict between economic development and the protection of water resources, thereby laying a solid foundation for the effective implementation of Blue Rights and the achievement of sustainable development goals.
4.2.
Enhancing the Effectiveness of Implementation, Strengthening Monitoring, and Establishing Transparent Accountability Mechanisms for Blue Rights
The absence of effective enforcement and monitoring mechanisms and of clear accountability is one of the main obstacles preventing legal commitments on Blue Rights, at both the international and national levels, from being translated into concrete actions and practical outcomes as expected.[59] To overcome this weakness, comprehensive solutions are needed to strengthen the capacity of state institutions, establish transparent accountability procedures, and enhance the effectiveness of international legal instruments.
Strengthening the Enforcement and Monitoring Capacity of the State Administration System on Water Resources: The effectiveness of implementing Blue Rights depends heavily on the capacity, resources, and coordination of specialized state management agencies. In Vietnam, investing in strengthening the capacity of agencies at both central and local levels responsible for water resource management and environmental protection is an urgent requirement. This includes enhancing the availability of professionally trained human resources in both technical and legal expertise, providing adequate technical equipment, and ensuring a relative degree of independence in the performance of official duties to prevent undue interference from parochial economic interests. In addition, establishing a robust and effective inter-sectoral coordination mechanism in the inspection, supervision, and sanctioning of violations of water and environmental laws is of paramount importance. Overlaps or lack of coordination among agencies can result in violations being overlooked or inadequately addressed.
One of the key areas is the intelligent monitoring and management of water and marine resources. The application of modern technologies such as remote sensing, Geographic Information Systems (GIS), the Internet of Things (IoT), Artificial Intelligence (AI), and blockchain is opening up new possibilities. These technologies allow for more effective real-time monitoring of water quality and reserves,[60] tracking changes in coastal and marine ecosystems, early detection of pollution sources, and more accurate forecasting of natural disasters such as floods and droughts.[61] In marine resource management, they support the monitoring of extraction activities, particularly fisheries, helping to combat illegal, unreported, and unregulated (IUU) fishing through vessel monitoring systems and seafood traceability.[62] Blockchain technology also holds promise for enhancing transparency and accountability in supply chain management and resource licensing.[63]
Establishing and Operating Clear and Transparent Accountability Mechanisms: For legal provisions and international commitments on Blue Rights to move beyond texts and be effectively implemented, the establishment of clear and transparent accountability mechanisms is essential. These mechanisms form a system that ensures that States and relevant actors are held responsible for their actions or omissions in protecting water resources and the marine environment, as well as in safeguarding human rights related to water. This system includes clarifying the legal responsibility of States, providing effective dispute settlement methods, and ensuring public oversight and participation.
The foundation of accountability lies in the clarification and effective application of the principles of State Responsibility in international law. These principles, systematically codified in the Articles on the Responsibility of States for Internationally Wrongful Acts drafted by the International Law Commission (ILC), stipulate that a State bears legal responsibility when its conduct (whether by action or omission) constitutes a breach of an international obligation.[64] In the context of Blue Rights, this means that States may be held responsible when they fail to fulfill obligations to protect freshwater and marine ecosystems under treaties such as the CBD or the Ramsar Convention, when they cause significant transboundary pollution in violation of the no-harm principle,[65] or when they fail to exercise due diligence to prevent harmful activities originating from their territory. The effective application of these principles requires States to demonstrate a willingness to acknowledge responsibility and to fulfill obligations of reparation, including compensation for damage.
In addition, the role of civil society organizations and local communities is indispensable in ensuring accountability. Civil society organizations and directly affected communities are often the first to detect environmental problems, gather evidence, and suffer from poor management of water and marine resources. It is therefore essential to guarantee their meaningful participation throughout the entire process, from policymaking and decision-making on development projects to monitoring law enforcement and reporting violations.[66] The principles of access to information, public participation, and access to justice in environmental matters, as set forth in the Aarhus Convention, although geographically limited in scope, provide an important framework that should be promoted more widely. Crucially, communities must be empowered, equipped with the necessary information and capacity to effectively protect their legitimate rights and interests, while also being safeguarded from retaliation when they speak out. Public oversight creates the necessary pressure on governments and businesses to comply with their legal and ethical obligations.
Strengthening the Effectiveness and Compliance of International Legal Commitments: Alongside national efforts, strengthening the effectiveness of international law is indispensable. It is necessary to promote the ratification and full implementation of core international treaties. States should promptly accede to important conventions such as the UN Watercourses Convention (1997), while rigorously implementing their commitments under UNCLOS, the Ramsar Convention, the Convention on Biological Diversity (CBD), and the Paris Agreement on climate change. Furthermore, it is important to develop more specific rules and guidelines through protocols, annexes, or technical guidance to address emerging and complex issues such as marine plastic pollution,[67] the sustainable management of deep-sea marine resources (in the spirit of the BBNJ Agreement),[68] and the specific impacts of climate change on water resources. Finally, existing monitoring and compliance mechanisms, such as national reporting systems and periodic reviews under the conventions,[69] must be strengthened, while exploring the possibility of establishing independent monitoring bodies or enhancing the role of relevant international organizations such as UNEP, FAO, and IMO in promoting compliance and the progressive development of international law.
4.3.
Strengthening Cooperation and Establishing Effective Cross-Border Dispute Settlement Mechanisms
The management of water resources and the settlement of disputes arising from the use of shared water sources constitute one of the most complex challenges in international relations, requiring trust, genuine cooperation, and effective legal mechanisms. For States sharing river basins or seas, such as Vietnam in the context of the Mekong River and the South China Sea, the development and strengthening of cooperative frameworks, together with the establishment of fair and sustainable dispute settlement methods, are key factors in ensuring Blue Rights and water security for all stakeholders.
Promoting Cooperation, Data Sharing, and Confidence-Building: The foundation of any effective cross-border cooperation mechanism is transparency, mutual trust, and the timely sharing of information. In the field of water resources, the sustainable management of shared river basins, lakes, and aquifers is among the most urgent priorities of international cooperation. The interdependence between upstream and downstream States requires effective coordination mechanisms to prevent conflict, optimize benefits, and protect ecosystems. One important direction is to strengthen the role and enhance the effectiveness of existing river basin organizations, such as the Mekong River Commission (MRC) for the Mekong basin. These organizations serve as platforms for dialogue, policy coordination, and the implementation of specific cooperative activities.[70]
One of the pillars of cooperation is the development and effective operation of data and information sharing mechanisms on hydrology, water quality, flow, water uses, and development projects with potential transboundary impacts.[71] The Mekong River Commission’s (MRC) Procedures for Notification, Prior Consultation and Agreement (PNPCA) is a typical example of a mechanism designed to ensure transparency and the participation of downstream States in upstream development projects.[72] The rigorous implementation of Transboundary Environmental Impact Assessments (TbEIA), with the participation of all affected parties, is also a core requirement for preventing negative impacts and building trust. The Espoo Convention on Environmental Impact Assessment in a Transboundary Context provides an important international legal framework in this regard.[73]
With respect to cooperation in marine environmental protection, UNCLOS provides the overall legal framework, but promoting substantive cooperation under UNCLOS is necessary to translate its provisions into effective action. Strengthened cooperation at both regional and international levels is required to implement the Convention’s obligations, particularly Part XII on the Protection and Preservation of the Marine Environment. In Southeast Asia, frameworks such as ASEAN and mechanisms related to the South China Sea should be utilized to foster cooperation in specific areas. These include controlling marine pollution from land-based sources and from vessels through the effective implementation of MARPOL;[74] conserving marine biodiversity by establishing networks of marine protected areas and managing migratory species; promoting joint marine scientific research; ensuring sustainable fisheries management and cooperation against IUU (illegal, unreported and unregulated) fishing;[75] and building joint response capacity for pollution incidents such as oil spills and hazardous chemicals.[76]
At the same time, the international community needs to cooperate to address the legal ‘gaps’ and emerging challenges in ocean governance. Marine plastic pollution is a typical example, requiring a legally binding international agreement in line with the spirit of UNEA Resolution 5/14.[77] Another historic milestone is the adoption of the BBNJ Agreement in 2023. This Agreement aims to regulate activities and conserve biodiversity in the high seas, which make up the majority of the ocean’s area. The effective implementation of the BBNJ Agreement—including its provisions on marine genetic resource sharing, environmental impact assessments, the establishment of area-based management tools, as well as capacity-building and the transfer of marine technology—will be a top priority and demand extensive international cooperation.[78]
In addition, strengthening joint scientific research, pilot projects on sustainable water management, climate change adaptation, and biodiversity protection also contributes to building common understanding and reinforcing trust among States. Differences in legal systems and technical capacities between States may pose a barrier; therefore, capacity-building programs and technical assistance should be promoted.[79]
Establishing Fair Benefit-Sharing Mechanisms and Effective Dispute Settlement:
Transboundary water cooperation should not be limited to the allocation of water resources, but must also aim at equitable and reasonable benefit-sharing from the sustainable use of such resources. These benefits may include hydropower, inland navigation, agriculture, tourism, biodiversity conservation, and other ecosystem services. At the same time, States must also share responsibilities in mitigating adverse impacts and in bearing the costs of water protection. Establishing benefit-sharing mechanisms requires creativity, flexibility, and strong political commitment from all parties involved.[80]
When disputes arise, it is crucial to have in place dispute settlement mechanisms that are effective, flexible, and acceptable to all parties. The United Nations Charter establishes the fundamental obligation of Member States to settle international disputes by peaceful means.[81] International treaties relating to water and the oceans often also include provisions on dispute settlement. Peaceful mechanisms such as negotiation, mediation, conciliation, and judicial bodies like the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), as well as international arbitration should be strongly encouraged. However, the effectiveness of these judicial bodies often depends on the consent of the States concerned with respect to jurisdiction.[82] Given the complexity and technical nature of environmental and water-related issues, consideration should be given to the establishment of more specialized dispute settlement mechanisms. This could include the creation of new international or regional environmental courts, where experts can be concentrated and specialized jurisprudence can be developed. Experience from river basins around the world demonstrates that having a clear and trusted dispute settlement mechanism is a key factor in sustaining cooperation and preventing conflicts from escalating.[83]
The above solutions need to be implemented in a synchronized manner, with strong political commitment from States and close cooperation of the international community. For Vietnam, priorities include proactively improving national legislation, actively participating in and implementing international commitments, strengthening regional cooperation (particularly with respect to the Mekong River and the South China Sea), and applying science and technology in order to protect Blue Rights, ensure water security, and promote sustainable development.
CONCLUSION
Blue Rights – the right to access and sustainably use water resources – has increasingly affirmed its central position within the modern human rights system, particularly in the context of climate change and growing resource depletion. Building on key international treaties such as UNCLOS, the UN Watercourses Convention, the Ramsar Convention, the CBD, and the Paris Agreement, the concept of Blue Rights has been clearly shaped in international law and has provided guidance for national actions in safeguarding human rights related to water, aquatic ecosystems, and the marine environment.
However, to realize these rights, both the international community and individual nations must confront major challenges such as the conflict between development and resource protection, the lack of effective enforcement mechanisms, and unresolved transboundary disputes. The case of Vietnam demonstrates that, despite certain progress in legal reform and regional cooperation, there remains a pressing need to further improve the domestic legal framework, strengthen institutional capacity, apply science, technology and nature-based solutions, as well as enhance international and regional cooperation in water resource management and marine environmental protection.
The protection of Blue Rights is not only a legal obligation but also a political and ethical choice, reflecting the commitment of states to a sustainable and just future for all generations. In the era of sustainable development, Blue Rights should not be considered optional but must be guaranteed as a universal and non-negotiable right. Vietnam, as a coastal nation with multiple transboundary river basins, needs to be more proactive, engaged, and responsible in domesticating, implementing, and safeguarding these rights—not only for its own national interests but also for the common good of humanity.
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Nguyen Toan Thang, PhD – Hanoi Law University
[1] In practice, there are two approaches related to “Blue Rights.” In the first approach, “Blue Rights” are fundamental freedoms belonging to the first generation of human rights, including civil and political rights such as the right to freedom of expression, the right to freedom of religion, the right to a fair trial, and the right not to be subjected to torture. In the second approach, “Blue Rights” are practical rights related to water, including access to clean water, protection of aquatic ecosystems, and sustainable exploitation, reflecting the relationship between humans and natural resources. This approach is closer to economic, social, and cultural rights (the second generation) or even collective rights (the third generation), such as the right to sustainable development and the right to live in a healthy environment.
* TS. Nguyễn Toàn Thắng - Trường Đại học Luật Hà Nội
[1] Trên thực tế, có hai cách tiếp cận liên quan đến “Blue Rights”. Ở cách tiếp cận thư nhất, "Blue Rights" là các quyền tự do cơ bản thuộc thế hệ thứ nhất của quyền con người, bao gồm các quyền dân sự và chính trị như quyền tự do ngôn luận, quyền tự do tôn giáo, quyền được xét xử công bằng và quyền không bị tra tấn. Ở cách tiếp cận thứ hai, "Blue Rights" là các quyền thực tiễn liên quan đến nước, bao gồm tiếp cận nước sạch, bảo vệ hệ sinh thái nước, và khai thác bền vững, phản ánh mối quan hệ giữa con người và tài nguyên thiên nhiên. Đây là cách tiếp cận gần với các quyền kinh tế, xã hội và văn hóa (thế hệ thứ hai) hoặc thậm chí quyền tập thể (thế hệ thứ ba), chẳng hạn như quyền phát triển bền vững và quyền sống trong môi trường lành mạnh.
[2] WHO & UNICEF, Progress on Household Drinking Water, Sanitation and Hygiene, 2000-2020: Five Years into the SDGs (2021), https://data.unicef.org/resources/progress-on-household-drinking-water-sanitation-and-hygiene-2000-2020/.
[3] WHO & UNICEF, Progress on Household Drinking Water, Sanitation and Hygiene 2000-2022: Special Focus on Gender (2023), https://data.unicef.org/resources/jmp-report-2023/.
[4] UNESCO, The United Nations World Water Development Report 2024: Water for Prosperity and Peace (2024), https://www.unesco.org/reports/wwdr/en/2024/download.
[5] WMO, State of Global Water Resources 2023 (2024), https://wmo.int/publication-series/state-of-global-water-resources-2023.
[6] WHO & UNICEF, supra note 3.
[7] UNESCO, The United Nations World Water Development Report 2021: Valuing Water (2021), https://www.unesco.org/reports/wwdr/2021/en.
[8] CESCR, General Comment No. 15 (2002), The Right to Water (Arts. 11 and 12 of the International Covenant on Economic, Social and Cultural Rights) (2003), https://digitallibrary.un.org/record/486454.
[9] UN General Assembly, The Human Right to Water and Sanitation, Res 64/292 UN Doc A/RES/64/292 (2010), https://digitallibrary.un.org/record/687002.
[10] UN, United Nations Convention on the Law of the Sea, United Nations, Treaty Series, vol. 1833 3 (1982), https://treaties.un.org/Pages/showDetails.aspx?objid=0800000280043ad5.
[11] Nguyễn Thị Thu Trang, Quyền Tiếp Cận Biển và Khai Thác Tài Nguyên Sinh Vật Biển Của Các Quốc Gia Nội Lục Theo UNCLOS, Feb. 22, 2022, https://vupc.monre.gov.vn/linh-vuc-bien-va-hai-dao/4140/quyen-tiep-can-bien-va-khai-thac-tai-nguyen-sinh-vat-bien-cua-cac-quoc-gia-noi-luc-theo-unclos.
[12] UN, supra note 10 at 56(1), 62.
[13] Id. at 192–194.
[14] Id. at 207–222.
[15] UN, Convention on the Law of the Non-Navigational Uses of International Watercourses 1997, United Nations, Treaty Series , vol. 2999. Doc. A/51/869 77, https://unece.org/environment-policy/water/un-watercourses-convention (last visited Apr. 3, 2025).
[16] Stephen McCaffrey, The Law of International Watercourses 384–410 (2nd edition ed. 2007).
[17] The UN Convention on the Law of the Non-Navigational Uses of International Watercourses: A Commentary 95–110 (Laurence Boisson de Chazournes et al. eds., 2018).
[19] Attila Tanzi & Maurizio Arcari, The United Nations Convention on the Law of International Watercourses: A Framework for Sharing(2021).
[20] Convention on Wetlands of International Importance Especially as Waterfowl Habitat, 996 UNTS 245 (1971), https://treaties.un.org/pages/showDetails.aspx?objid=0800000280104c20.
[21] Royal C. Gardner & Nick C. Davidson, The Ramsar Convention, in Wetlands: Integrating Multidisciplinary Concepts 189 (Ben A. LePage ed., 2011), https://doi.org/10.1007/978-94-007-0551-7_11.
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[23] Ramsar Regional Center – East Asia, The Designation and Management of Ramsar Sites – A Practitioner’s Guide (2017), https://www.ramsar.org/document/designation-management-ramsar-sites.
[25] UN, Convention on Biological Diversity, United Nations, Treaty Series, vol. 1760 79 (1992), https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVII-8&chapter=27.
[26] UN, Paris Agreement, United Nations, Treaty Series, vol. 3156 79 (2015), https://treaties.un.org/pages/viewdetails.aspx?src=treaty&mtdsg_no=xxvii-7-d&chapter=27&clang=_en.
[27] Robert Falkner, The Paris Agreement and the New Logic of International Climate Politics, 92 International Affairs 1107 (2016).
[28] International Covenant on Economic, Social and Cultural Rights, United Nations, Treaty Series, vol. 993 3 (1976), https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-3&chapter=4&clang=_en.
[29] UN General Assembly, supra note 9.
[30] An Minh, Sụt lún, sạt lở nghiêm trọng ở Cà Mau/Serious subsidence and landslides in Ca Mau, vnexpress.net, Feb. 28, 2024, https://vnexpress.net/sut-lun-sat-lo-nghiem-trong-o-ca-mau-4715903.html.
[31] Global Water Partnership, GWP in Action - 2023 Annual Report, (2024), https://www.gwp.org/annualreport2023/.
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[34] ICJ, International Court of Justice, https://www.icj-cij.org/home (last visited Apr. 3, 2025).
[36] Alan Boyle, Further Development Of The Law Of The Sea Convention: Mechanisms For Change, 54 International & Comparative Law Quarterly 563 (2005).
[37] UN, supra note 15.
[38] McCaffrey, supra note 16.
[39] supra note 20.
[40] UN-Water, Summary Progress Update 2021: SDG 6 — Water and Sanitation for All, (Feb. 24, 2021), https://www.unwater.org/publications/summary-progress-update-2021-sdg-6-water-and-sanitation-all.
[41] Ramsar Convention Secretariat, The Global Wetland Outlook: Special Edition 2021, Global Wetland Outlook (2021), https://www.global-wetland-outlook.ramsar.org/outlook.
[42] IUCN, International Union for Conservation of Nature : West Asia Regional Office Annual Report 2020 (2021), https://portals.iucn.org/library/node/49501.
[43] International Crisis Group, Bridging the Gap in the Nile Waters Dispute, (Mar. 20, 2019), https://www.crisisgroup.org/africa/horn-africa/ethiopia/271-bridging-gap-nile-waters-dispute.
[44] Mekong River Commission, MRC Annual Report 2021 Part 1, (Aug. 15, 2022), https://www.mrcmekong.org/publications/mrc-annual-report-2021-part-1/.
[45] Arnim Scheidel et al., Environmental Conflicts and Defenders: A Global Overview, 63 Global Environmental Change 102104 (2020).
[46] UN, supra note 15.
[47] Công ước Liên hợp quốc về luật biển 1982 (United Nations Convention on the Law of the Sea) (concluded 10 December 1982, entered into force 16 November 1994) 1833 UNTS 3 ('UNCLOS') art 192, 194; Công ước về Đa dạng sinh học (Convention on Biological Diversity) (concluded 5 June 1992, entered into force 29 December 1993) 1760 UNTS 79 ('CBD') art 8.
[48] UNGA Res 64/292 (28 July 2010) UN Doc A/RES/64/292 ('The human right to water and sanitation'); CESCR, General Comment No 15: The Right to Water (Arts 11 and 12 of the Covenant) (20 January 2003) UN Doc E/C.12/2002/11.
[49] Inga Winkler, The Human Right to Water: Significance, Legal Status and Implications for Water Allocation (2012).
[50] Nguyen Le Duy et al., Groundwater Dynamics in the Vietnamese Mekong Delta: Trends, Memory Effects, and Response Times, 33 Journal of Hydrology: Regional Studies 100746 (2021).
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[52] Barbara Luppi, Francesco Parisi & Shruti Rajagopalan, The Rise and Fall of the Polluter-Pays Principle in Developing Countries, 32 International Review of Law and Economics 135 (2012).
[53] Carl Folke et al., Reconnecting to the Biosphere, 40 AMBIO 719 (2011).
[54] THE 17 GOALS | Sustainable Development, https://sdgs.un.org/goals (last visited May 14, 2025).
[55] Stefano B. Longo, Ellinor Isgren & Michael Carolan, Critical Sustainability Science: Advancing Sustainability Transformations, Sustain Sci(2025), https://doi.org/10.1007/s11625-025-01667-x.
[56] Ellen MacArthur Foundation, Towards the Circular Economy Vol. 1: An Economic and Business Rationale for an Accelerated Transition, (Jan. 1, 2013), https://www.ellenmacarthurfoundation.org/towards-the-circular-economy-vol-1-an-economic-and-business-rationale-for-an.
[59] Dinah Shelton, Remedies in International Human Rights Law (2015).
[60] UNESCO, The United Nations World Water Development Report 2023: Partnerships and Cooperation for Water (UNESCO 2023), (2023), https://www.unesco.org/reports/wwdr/2023/en.
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[65] Nguyên tắc này được khẳng định trong nhiều vụ việc, ví dụ Trail Smelter Arbitration (United States v Canada) (1938, 1941) 3 RIAA 1905; và được phản ánh trong Draft articles on Responsibility of States for Internationally Wrongful Acts và luật môi trường quốc tế nói chung. Xem thêm UN Watercourses Convention, UNGA Res 51/229, Annex, art 7.
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[77] United Nations Environment Assembly, supra note 67.
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