The Right to Access Water Resources (Blue Rights): Legal Framework, Challenges, and Implications for Vietnam

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 important topics attracting significant attention from the international community. Alongside traditional issues such as environmental protection, natural resource exploitation, resolution of environmental disputes, and access to food, the issue of protecting human rights related to water, water resources, and sanitation—referred to as blue rights—has also been discussed repeatedly in international and regional forums, particularly in the context of climate change and sea-level rise, which directly threaten the safety and enjoyment of these rights for people worldwide.

Blue rights, including the human right to access and sustainably use water resources, is a concept increasingly recognized in the context of climate change and growing economic development pressures. It is a symbolic term emphasizing the role of water access as a fundamental human right. In this article, blue rights are understood as 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 requirement for human survival. According to WHO and UNICEF data, in 2020, 74% of the global population used safely managed drinking water services, with 60% in rural areas and 86% in urban areas. In the same year, 54% of the global population used safely managed sanitation services, including 44% in rural areas and 62% in urban areas.[2]

However, according to unesco, as of 2022, 2.2 billion people lacked the right to access safely managed drinking water (sdg target 6.1),[4] and approximately 3.6 billion people faced water scarcity for at least one month per year. this figure is projected to exceed 5 billion by 2050.[5] additionally, reports indicate that 3.6 billion people lack safely managed 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] the unesco report (2021) further emphasizes inequalities in water allocation across regions, noting that in many african and asian countries, water is prioritized for export-oriented agriculture and industry, while informal settlements, especially 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 a life with human dignity and a precondition for the realization of other human rights,” including the right to life, the right to health, and the right to an adequate standard of living.[8] The link between Blue Rights and human rights is also confirmed in United Nations General Assembly Resolution 64/292 (2010), which for the first time recognized safe drinking water and sanitation as an independent human right, calling on states and international organizations to provide financial and technical support to increase access to water for populations.[9]

Although mentioned in key 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), ensuring Blue Rights remains limited and challenging. This is particularly the case amid increasingly frequent extreme weather events due to climate change, pressures from population growth, and economic crises, which create burdens and conflicts with national economic development goals, including for developing countries such as Vietnam, in their efforts to achieve sustainable development targets.

Against this backdrop, this article focuses on analyzing international legal aspects of Blue Rights, the challenges involved, and solutions to ensure the effective implementation of these rights to achieve Sustainable Development Goal 6 in Vietnam.

2. International Legal Framework on Blue Rights

2.1. United Nations Convention on the Law of the Sea 1982

The United Nations Convention on the Law of the Sea 1982 (UNCLOS)[10] is a key international legal instrument that establishes a comprehensive framework for the governance and use of seas and oceans. Although it does not contain provisions directly addressing Blue Rights, as a charter on the seas and oceans, UNCLOS includes certain references related to access to water and marine resources. Under UNCLOS, the right of access to the sea and the management of marine resources is a fundamental right of all states.[11] This right ensures fairness and equality in the use of seas and oceans, including rights such as freedom of navigation, the right of transit through international straits, access to marine resources, and the obligation to protect the marine environment. UNCLOS establishes a system of rights and obligations related to access to the sea to balance the interests of states with the conservation of resources within the seas and oceans. Naturally, in exercising these rights, each state must respect the rights of other states.

Within the exclusive economic zone (EEZ), the coastal state has sovereign rights over both living and non-living resources, but other states retain rights of access and exploitation with the consent of the coastal state.[12] Articles 69 and 70 create special mechanisms for landlocked states and states with special geographical circumstances, allowing them access to part of the exploitation of living resources from the EEZ if the coastal state does not fully exploit them. In the high seas, Article 87 grants all states the freedom to fish, subject to the principles of conservation and sustainable use. Regarding the "Area" (the seabed and subsoil beyond the continental shelf of coastal states), Articles 136–140 recognize it as the common heritage of mankind, allowing all states to access and exploit resources, provided they comply with the regulations of the International Seabed Authority (ISA).

It should also be noted that under UNCLOS, the right of access to the sea is inseparable from the obligation to protect the marine environment to ensure sustainable exploitation and avoid harm to marine ecosystems. Accordingly, all states have the responsibility to protect and preserve the marine environment, not only within their sovereign and jurisdictional waters but also in the high seas.[13] States have the right to exploit marine resources, but this must be done according to the principle of sustainable development, implementing necessary measures to prevent, reduce, and control marine pollution from maritime transport, oil and gas extraction, and seabed resource activities.[14]

2.2. 2.2. Convention on the Law of the Non-Navigational Uses of International Watercourses 1997

The use and protection of transboundary water resources under the Convention on the Law of the Non-Navigational Uses of International Watercourses 1997 (UN Watercourses Convention)[15] is established on the principle of equitable and reasonable utilization, ensuring the legitimate rights and interests of states sharing the watercourse (Article 5). At the same time, states have the obligation to take all necessary measures to prevent significant adverse effects on other states in the course of exploiting or using the shared water resources (Article 7). The duty of cooperation among states sharing watercourses is based on equality, respect for sovereignty, and mutual benefit, aimed at promoting effective and sustainable water resource management (Article 8). The exchange of information between states is mandatory to ensure transparency and coordination in monitoring and assessing the impacts of activities related to international watercourses (Article 9). These provisions not only establish a clear legal framework but also lay the foundation for an effective and sustainable transboundary water governance mechanism.

Equity in Water Resource Utilization

Territorial sovereignty forms the legal basis for states’ rights to use international water resources. The principle of equal sovereignty ensures that all riparian states have the right to use water resources equally in terms of quality. However, it should be noted that equality in rights of use does not mean an equal division of uses and benefits from the water, nor an equal partitioning of the water itself. The Convention emphasizes the equitable utilization of water resources (Article 5). This means that no state may monopolize the watercourse, and the rights of other sharing states must be taken into account; each state may use the watercourse within its territory, but this right is not absolute and is limited by the obligation to ensure that other relevant states also enjoy comparable benefits. According to Stephen McCaffrey, the principle of equity in the Convention does not prioritize upstream or downstream states but seeks to allocate benefits in a balanced and reasonable manner based on the specific circumstances of each watercourse.[16] Due to the complexity of equity, determining and applying this principle requires flexibility and careful consideration (Article 6).

Reasonableness in Water Resource Utilization

Alongside the principle of equity, the Convention requires the reasonable utilization of water resources (Articles 5, 6). States are obliged to use international watercourses in ways that do not cause significant harm to other states and are consistent with the natural and social conditions of the watercourse. "Reasonable" here does not serve the interests of a single state but aims to maximize benefits for all riparian states, meeting their needs while minimizing negative impacts, ensuring that use does not exceed the ecosystem's carrying capacity or cause unnecessary harm to other states. Article 5(1) combined with Article 7 (the obligation not to cause significant harm) establishes a standard to assess reasonableness, requiring states to consider the transboundary impacts of their actions. Additionally, Article 6 provides a detailed framework for evaluating "reasonableness" through factors such as the natural characteristics of the watercourse (Article 6(1)(a)), current and potential uses (Article 6(1)(e)), and the availability of alternative options (Article 6(1)(g)). Laurence Boisson de Chazournes notes that the factors in Article 6 concretize the concept of "reasonableness" by compelling 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 consultation among states as necessary to ensure that use is considered reasonable in the broader context.

Reasonableness is further reinforced by the requirement for sustainable use, reflecting modern trends in international environmental law. This is emphasized by the International Court of Justice (ICJ), particularly in the Gabčíkovo-Nagymaros case (Hungary v Slovakia) in 1997.[18]

Reasonableness does not require the most efficient or technologically advanced use. It differs from concepts of optimal or best possible use. However, even if use is deemed reasonable, it can still be challenged through the lens of equity. The principle of equitable and reasonable utilization recognizes that equity has a broader scope in which reasonableness is relative. This means that what a state considers reasonable may not be equitable when considering overall water use and the needs of other states. Therefore, reasonable use must comply with equitable allocation.

The relationship between reasonableness and equity in the use of international water resources is complex. Reasonable use is evaluated based on objective criteria, emphasizing sustainability and responsibility in resource utilization, whereas equity requires consideration of all riparian states' interests. Equity demands balancing benefits among states, especially when there are differences in economic and technological capacity. Thus, reasonable use must be considered within the context of equity to ensure sustainable and fair development for all relevant states. This principle requires cooperation and dialogue among riparian states to reach consensus on the use of international watercourses.[19]

2.3. 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 member states to protect wetlands of international significance. Article 2 of the Convention requires each member state to designate wetlands within its territory to be included in the Ramsar List. This designation is not merely symbolic but represents the state’s commitment to managing and protecting these ecosystems. In cases where a state must reduce or remove a designated wetland for overriding national interests, the Convention requires the state to provide maximum compensation for losses. Such compensation includes establishing alternative protected areas to maintain the ecosystem and habitats for dependent flora and fauna. This obligation reflects a balance between national interests and environmental responsibility while ensuring the sustainability of freshwater ecosystems.[21]

Articles 3 and 4 of the Ramsar Convention establish obligations for the conservation and sustainable use of freshwater ecosystems, including biodiversity conservation. Member states must plan and implement measures to conserve and use wetlands sustainably to protect ecosystems. This requires proactive management and monitoring of activities that may affect ecosystems. In cases of ecological changes to wetlands caused by development, pollution, or other impacts, member states must promptly notify the Ramsar Secretariat.[22] The Convention also encourages the establishment of nature reserves to protect biodiversity and freshwater ecosystems.[23] In cases of degradation or loss of wetlands, the state must compensate for damage through other conservation and restoration measures. Furthermore, scientific research, data exchange, and training of personnel 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 stipulates that states sharing transboundary rivers, lakes, or marshes must cooperate to protect and sustainably manage these ecosystems. Cooperative activities include consultation and coordination of conservation policies to ensure that water resource use does not negatively affect other states.[24] Article 6 requires member states to organize consultation meetings to assess the implementation of the Convention and propose measures to protect freshwater ecosystems. Articles 7 and 8 provide for monitoring and reporting responsibilities, including the participation of experts in international conferences and supervision by the Ramsar Secretariat. These provisions establish an effective monitoring and cooperation mechanism, ensuring the rigorous fulfillment of obligations by member states.

2.4. Convention on Biological Diversity (1992)

The Convention on Biological Diversity (CBD)[25] does not contain provisions specifically dedicated to marine and freshwater ecosystems, but its regulations 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 emphasizes that biodiversity encompasses all ecosystems, regardless of habitat. Article 6 requires member states to develop national strategies, plans, or programs for the conservation and sustainable use of biological diversity. These measures must be integrated into national development plans and programs. Thus, the CBD establishes a general obligation for states to protect 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, monitor these components, and maintain relevant data. Article 8 provides for conservation measures in the natural habitats of biodiversity components, such as establishing protected areas, restoring ecosystems, and controlling invasive alien species. Article 10 encourages states to integrate consideration of conservation and sustainable use of biological resources into national decision-making and to support the sustainable use of biological resources. Therefore, the CBD sets specific obligations regarding 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 awareness of the importance of conservation and sustainable use of biodiversity through education and community awareness-raising. Thus, the CBD emphasizes the importance of research, education, and community awareness in biodiversity protection, including marine and freshwater ecosystems.

2.5. Paris Agreement on Climate Change (2015)

The Paris Agreement on Climate Change (Paris Agreement)[26] contains multiple provisions relating to the specific obligations of states to mitigate the impacts of climate change on water resources. Although Article 4 of the Agreement does not directly address water resources, reducing overall greenhouse gas emissions is crucial to limit long-term impacts of climate change on the hydrological cycle. Sectors such as energy and agriculture, which use significant amounts of water, play a key role in mitigation efforts. Article 7 on adaptation provides the most direct legal basis for states to implement specific measures for water resource management in a changing climate. The obligation to participate in adaptation planning and implementation, including through National Adaptation Plans (NAPs), allows states to address climate- and water-related risks. States are obliged to implement adaptation measures, including water resource management to reduce the impacts of droughts, floods, and sea level rise. Vulnerable developing countries should be recognized and supported with financial and technical assistance to protect their water resources.

Furthermore, the Agreement emphasizes the role of finance and technology in protecting water resources from the negative impacts of climate change. Article 9 stipulates the obligations of developed countries to provide financial support to developing countries to implement adaptation and mitigation measures, including the protection of water resources. Mobilization of finance must balance adaptation and mitigation, with particular attention to countries vulnerable in terms of water resources. Additionally, Article 13 requires parties to submit biennial transparency reports (BTRs), including information on climate impacts and adaptation, which may include information on water resource management strategies in the context of mitigation and adaptation to climate change, such as reporting on 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 barriers. The main challenges include the inherent conflict between economic development needs and the requirement to protect water resources, the lack of effective enforcement and monitoring mechanisms at both national and international levels, as well as complex transboundary disputes related to the sharing and management of shared water resources.

3.1. Conflict Between Economic Development and Water Resource Protection

The process of economic development, especially industrialization and intensive agriculture, often creates substantial pressure on water resources, leading to overexploitation and severe pollution, directly threatening communities’ access to clean water and the sustainability of ecosystems.

Overextraction of water affects communities’ access to water: Exploiting water resources beyond their natural replenishment capacity is one of the main causes of imbalance in water distribution and use, negatively impacting the right to access clean water – a fundamental human right recognized in several important 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 water demand for economic activities, from agriculture and industry to services, has driven states, businesses, and individuals to exploit water on a large scale, often ignoring sustainable limits, resulting in long-term consequences for both communities and the environment.

In Vietnam, overexploitation of groundwater is particularly common in densely populated delta regions such as the Mekong Delta. Groundwater is the main source of supply for domestic and production purposes for tens of millions of people, but extraction rates have far exceeded natural replenishment. This has resulted in land subsidence, with severe levels in provinces such as Ca Mau, Soc Trang, and Bac Lieu, where the ground can sink an average of 1.1 to 1.6 cm per year.[30] Land subsidence not only damages infrastructure but also increases the risk of saltwater intrusion, contaminating precious freshwater sources and threatening livelihoods and agricultural activities.

Additionally, overextraction depletes aquifers and lowers the levels of surface water sources (rivers, lakes), which are essential. This increases water extraction and treatment costs, creating difficulties particularly for low-income households and vulnerable groups such as women, children, and the poor in remote areas, thereby increasing inequality. Lack of access to clean water also leads to serious health issues from using contaminated water and increases healthcare burdens. Globally, this situation is also alarming. Studies indicate that nearly two-thirds of the world’s population experiences “water stress” at least part of the year. The Global Water Partnership warns that without adjustment, by 2030, global water demand may exceed supply by up to 40%, threatening access to water for billions of people and posing risks of social conflict, economic instability, and migration. Therefore, controlling extraction, promoting efficient use, reuse, and integrated water resource management are key to balancing economic development and protecting human rights.[31]

Pollution from industrial sectors reduces water quality: Water pollution from industrial activities presents a formidable management challenge. Rapid industrialization brings economic benefits but also generates large volumes of waste, while wastewater treatment systems in many areas remain outdated, ineffective, or nonexistent. As a result, surface water and groundwater quality deteriorates, directly affecting public health, ecosystems, and the fundamental right to safe and clean water. Industries such as textiles, paper, food processing, chemicals, mining, and metallurgy often discharge wastewater containing organic pollutants, heavy metals (lead, mercury, cadmium, arsenic), hazardous chemicals, oil, grease, and microorganisms. If not properly treated, these substances severely pollute receiving water bodies. A notable example in Vietnam is the pollution in the Nhuệ-Đáy and Cầu River basins, where contamination parameters such as BOD5, COD, ammonia, and coliform frequently exceed permitted limits, primarily due to untreated or inadequately treated wastewater from industrial clusters, craft villages, and urban areas.[32]

The consequences of industrial pollution are severe. It reduces the quality of water supply, forcing people to use polluted water, leading to increased cases of digestive, skin, endocrine disorders, and cancers. In the long term, pollution also degrades aquatic ecosystems, kills organisms, disrupts ecological balance, and reduces the self-purification capacity of rivers, affecting biodiversity and important wetlands, estuaries, and coastal areas. Solutions require a coordinated approach including stricter legal regulations, strict enforcement, investment in centralized wastewater treatment systems, application of advanced technologies, water reuse, and raising corporate responsibility awareness.[33]

3.2. Lack of Effective Enforcement and Monitoring Mechanisms

Although many international treaties address the right to access clean water and water resource management, their enforcement effectiveness is often limited due to the absence of strong coercive mechanisms and independent, effective monitoring systems.

Many international treaties lack strong enforcement mechanisms: One of the greatest challenges in implementing Blue Rights is the absence of effective enforcement mechanisms in international law. Most international treaties impose obligations on states but lack independent monitoring institutions and specific sanctions when obligations are violated. International law, by nature, primarily relies on voluntary compliance, goodwill, and cooperation among states. No international judicial body has mandatory authority unless the relevant states agree to submit disputes to bodies such as the International Court of Justice (ICJ)[34] or the Permanent Court of Arbitration (PCA).[35]

For example, UNCLOS stipulates obligations to protect the marine environment and sustainably use resources, but enforcement largely depends on states’ goodwill.[36] Similarly, the UN Watercourses Convention sets out important principles such as equitable utilization and the obligation not to cause significant harm but does not establish independent monitoring or enforcement mechanisms.[37] Dispute resolution also relies on consensus, resulting in prolonged transboundary water conflicts (e.g., Nile, Mekong, Tigris-Euphrates).[38] Even the Ramsar Convention on Wetlands (1971), though important, functions mainly through political commitment and cooperation without punitive mechanisms.[39] The lack of binding enforcement becomes more serious when states prioritize economic or national political interests over international obligations.

States’ responsibility to protect Blue Rights has not been fully implemented: Although international conventions such as ICESCR, UNCLOS, UN Watercourses Convention, and the Ramsar Convention set out specific obligations, their actual implementation remains limited, especially in developing countries or areas with conflicting interests.

First, many states have not fully domesticated international commitments regarding water rights. Access to clean water, while recognized as a human right by the UN General Assembly, is often not clearly stipulated in national law, making it difficult for citizens to claim enforcement or compensation. UN-Water reports indicate that approximately 2.2 billion people still lack safe drinking water, most of whom live in countries without effective legal mechanisms to protect this right.[40]

Second, obligations to protect water and marine environments are often only formal. Economic pressures lead many states to relax environmental regulations, resulting in severe pollution. Freshwater ecosystems are degraded due to overexploitation, encroachment, and contamination. Although the Ramsar Convention requires wise use and protection of wetlands, more than 35% of global wetland areas have disappeared since 1970.[41]

Third, transboundary cooperation in managing shared water resources has not been fully implemented. The principles of the UN Watercourses Convention regarding equitable use, no-harm, notification, and consultation are often ignored. Many states undertake large projects (dams, water diversion) without cooperation or full information sharing with neighboring countries, violating international law and increasing the risk of conflict.

Finally, at the policy level, water rights are often not fully integrated into sustainable development strategies, climate adaptation plans, or poverty reduction programs. This leaves vulnerable groups such as the poor, ethnic minorities, women, and children marginalized in water resource management and allocation.

3.3. Transboundary Water Resource Disputes

The increasing scarcity and strategic importance of water resources, especially transboundary waters, have given rise to numerous complex and prolonged disputes among states.

Differences in national laws hinder cooperation: One of the major obstacles to transboundary water management cooperation is the variation in legal systems and policies among states sharing water resources. Each country may have different approaches to water ownership, water use rights, environmental standards, and management structures, making it difficult to build trust and reach common agreements. The concept of "water use rights" can vary between legal systems (e.g., water as "public property" managed by the state versus long-term private ownership or use rights). Inconsistencies in water quality standards and environmental regulations also create asymmetries in responsibility and foster a “blame-shifting” mindset. For example, pollution in the Mekong River illustrates the complexity when upstream activities (China, Laos) affect downstream countries (Vietnam) amid the absence of an effective binding mechanism. Furthermore, many countries have not fully integrated international cooperation principles (such as no significant harm, information sharing, and consultation under the UN Watercourses Convention) into domestic law. According to IUCN, less than half of the countries with transboundary rivers have formally signed water-sharing agreements, and many existing agreements remain loose and lack enforcement mechanisms. Differences in legal language, court systems, and administrative models further slow cooperation.[42]

Conflicts over water exploitation rights among states remain unresolved: Many disputes over the rights to exploit and allocate transboundary waters have not been fully resolved, reflecting the inefficiency of the existing international legal framework and power asymmetries. A notable example is the Nile Basin dispute, where Egypt and Sudan control most of the river flow based on colonial-era treaties, causing grievances for upstream countries. Ethiopia’s construction of the Grand Ethiopian Renaissance Dam (GERD) since 2011 has sparked severe tensions, and prolonged negotiations have yet to reach a comprehensive binding agreement.[43] In Asia, the Mekong River is another hotspot, with China constructing a series of large upstream dams without effective consultation, negatively impacting downstream countries. Despite the existence of the Mekong River Commission (MRC), China’s limited role (only as a dialogue partner) and the absence of a comprehensive legal agreement have left the conflict simmering.[44] Similar disputes exist in the Jordan, Tigris-Euphrates basins, and many transboundary aquifers. Common features include power imbalances, lack of a universally recognized legal framework, and the absence of sufficiently strong international institutions to enforce the principles of equity, reasonable use, and no significant harm. Although the UN Watercourses Convention provides a foundational set of principles, its voluntary ratification and lack of enforcement mechanisms limit its practical effectiveness.

4. Proposed Legal Solutions to Strengthen the Implementation of Blue Rights at International and National Levels

To address the challenges in implementing Blue Rights, a multi-tiered approach is required, combining conflict resolution between economic development and water resource protection, improving enforcement mechanisms, monitoring, and accountability, while promoting cooperation and effective resolution of transboundary disputes.

4.1. Harmonizing Economic Development and Water Resource Protection: Legal Framework and Comprehensive Strategy

The inherent conflict between economic growth objectives, especially through industrialization and intensive agriculture, and the urgent need to protect water resources and related ecosystems, represents one of the greatest challenges in implementing Blue Rights in Vietnam as well as in many developing countries.[45] Addressing this issue requires a multidimensional approach, combining strengthening national legal frameworks, integrating water protection principles into all development strategies, and promoting more sustainable economic models.

Enhancing the effectiveness and efficiency of the national legal framework on water resources: The national legal foundation plays a key role in regulating water extraction, use, and discharge, thereby minimizing negative impacts from economic development. In Vietnam, continuing to improve and strictly enforce core laws such as the 2017 Fisheries Law, the 2020 Environmental Protection Law, the 2023 Water Resources Law, and related legal documents is a top priority. This process should focus on substantially embedding the core principles of Blue Rights, including the principle of equitable and reasonable water use,[46] ecosystem protection obligations,[47] and human rights to safe water.[48] Regulations must go beyond formal provisions and establish concrete mechanisms to ensure priority access to water for domestic use, especially for vulnerable communities.[49]

One of the challenges, as mentioned in Section 3.1, is overexploitation, particularly of groundwater in key areas such as the Mekong Delta. Addressing this requires legal provisions for strictly enforcing extraction quotas based on comprehensive scientific assessments of water reserves, natural replenishment capacity, and sustainable usage needs.[50] This mechanism should be accompanied by transparent monitoring, inspection systems, and sufficient sanctions for violations. Similarly, regarding pollution from industrial and agricultural activities, tightening discharge standards, mandating the use of advanced treatment technologies, water recycling and reuse (Best Available Techniques - BAT), and clearly assigning responsibility to polluters are essential.[51] Effective implementation of the "Polluter Pays Principle" (PPP) should include full valuation of environmental and health damages, compelling entities to compensate and remediate impacts. International experience shows that effective PPP implementation requires a clear legal framework, competent enforcement agencies, and community participation in monitoring.[52]

Comprehensively integrating water protection objectives into development strategies and plans: Water protection cannot be isolated but must be treated as a cross-cutting element in all strategies, plans, and socio-economic development programs at all levels, from central to local. This requires a shift in policy-making, where water-related factors (quantity, quality, ecosystem resilience) are considered alongside economic growth objectives.[53] Sectoral planning, particularly for industry, agriculture, energy, transport, and urban development, should undergo rigorous Environmental Impact Assessments (EIA) and Strategic Environmental Assessments (SEA), with impacts on water resources and Blue Rights as a focal point. Integrating Sustainable Development Goals (SDGs), especially SDG 6 (Clean Water and Sanitation) and SDG 14 (Marine and Water Resources),[54] into national action plans should be operationalized with clear targets, roadmaps, and resources. Strong intersectoral coordination and independent monitoring and evaluation mechanisms are essential to ensure integration moves beyond documentation to effective implementation.[55]

Promoting circular, low-emission economic models and nature-based solutions: Transitioning to more sustainable economic models is a core solution to reduce pressure on water resources. Circular economy, focusing on reduction, reuse, and recycling, should be strongly encouraged in water management, particularly for industrial, agricultural, and urban wastewater treatment and reuse.[56] This reduces water withdrawal from natural sources and minimizes pollution. Moreover, prioritizing and investing in Nature-based Solutions (NbS) is increasingly recognized as an effective approach with multiple benefits.[57] NbS such as mangrove restoration, protection and restoration of wetlands (as per the Ramsar Convention), reforestation of upstream areas, and climate-smart agriculture practices not only enhance water retention, flow regulation, and water quality but also improve climate resilience, biodiversity conservation, and community livelihoods.[58] For example, restoring mangrove ecosystems in the Mekong Delta protects coastlines, reduces saltwater intrusion, and provides fisheries and ecotourism benefits. Legal frameworks and policies should facilitate these approaches, including financial and technical mechanisms to promote research, pilot projects, and scaling up circular economy models and NbS in water management.

Implementing these legal and strategic solutions in a coordinated manner, with participation from all stakeholders, will play a crucial role in resolving conflicts between economic development and water resource protection, thereby laying a solid foundation for the effective implementation of Blue Rights and achieving sustainable development goals.

4.2. Enhancing Enforcement, Monitoring, and Establishing Transparent Accountability Mechanisms for Blue Rights

The absence of effective enforcement, monitoring, and clear accountability mechanisms is one of the main obstacles preventing legal commitments on Blue Rights—both at the international and national levels—from being translated into concrete actions and tangible outcomes.[59] Addressing this weakness requires a comprehensive set of solutions aimed at strengthening state capacity, establishing transparent accountability procedures, and enhancing the effectiveness of international legal instruments.

Strengthening enforcement and monitoring capacity of state water management systems: The effectiveness of Blue Rights implementation largely depends on the capacity, resources, and coordination of specialized state agencies. In Vietnam, it is critical to invest in building the capacity of central and local agencies responsible for water resources management and environmental protection. This includes training professional personnel in both technical and legal aspects, providing adequate technical equipment, and ensuring relative independence in official duties to prevent undue influence from local economic interests. Additionally, establishing a strong, coordinated inter-agency mechanism for inspection, monitoring, and enforcement of water and environmental laws is crucial. Overlaps or lack of coordination among agencies can lead to violations being overlooked or insufficiently addressed.

A key area is intelligent monitoring and management of water and marine resources. Modern technologies such as remote sensing, Geographic Information Systems (GIS), Internet of Things (IoT), Artificial Intelligence (AI), and blockchain provide new opportunities. These technologies enable real-time monitoring of water quantity and quality,[60] track changes in coastal and marine ecosystems, detect pollution sources early, and improve forecasts for natural hazards such as floods and droughts.[61] In marine management, these tools support monitoring of activities, especially fisheries, and help combat Illegal, Unreported, and Unregulated (IUU) fishing through vessel tracking and seafood traceability systems.[62] Blockchain technology also promises to enhance transparency and accountability in resource permitting and supply chain management.[63]

Establishing and operating clear and transparent accountability mechanisms: To ensure legal provisions and international commitments on Blue Rights are effectively implemented, clear and transparent accountability mechanisms are essential. Such mechanisms ensure that states and relevant actors are held responsible for actions or omissions in protecting freshwater and marine ecosystems and related human rights. This system involves clarifying legal responsibilities of states, providing effective dispute resolution methods, and ensuring public monitoring and participation.

The foundation of accountability lies in clarifying and effectively applying principles of State Responsibility under international law. These principles, systematized in the International Law Commission’s Articles on State Responsibility, stipulate that a state is legally responsible when its actions or omissions constitute a breach of international obligations.[64] In the context of Blue Rights, this means that states must be accountable when failing to protect freshwater and marine ecosystems under conventions such as CBD or the Ramsar Convention, causing significant transboundary pollution that violates the obligation not to cause harm,[65] or failing to exercise due diligence to prevent harmful activities within their territory. Effective application of these principles requires states to acknowledge responsibility and fulfill obligations to remediate harm, including compensation.

Furthermore, the role of civil society and local communities is indispensable in ensuring accountability. Social organizations and directly affected communities are often the first to detect environmental problems, gather evidence, and experience the consequences of poor water and marine resource management. Meaningful participation of these actors must be ensured throughout the process—from policy-making, development project decisions, to monitoring law enforcement and reporting violations.[66] Principles on access to information, public participation, and access to justice in environmental matters, as outlined in the Aarhus Convention, provide an important framework that should be widely promoted. Empowering communities by providing information and capacity enables them to effectively defend their rights and interests while protecting them from retaliation. Public oversight exerts necessary pressure on governments and businesses to comply with legal and ethical obligations.

Enhancing the effectiveness and compliance with international legal commitments: Alongside national efforts, strengthening the effectiveness of international law is essential. States should be encouraged to ratify and fully implement core international conventions. Participation in instruments such as the UN Watercourses Convention (1997), alongside strict compliance with UNCLOS, the Ramsar Convention, the Convention on Biological Diversity (CBD), and the Paris Agreement on climate change, is critical. Moreover, detailed rules and guidelines through protocols, annexes, or technical guidance are needed to address emerging and complex issues such as marine plastic pollution,[67] sustainable management of deep-sea resources (as under the BBNJ Agreement),[68] and climate change impacts on water resources. Finally, existing monitoring and compliance mechanisms, including national reporting and periodic review systems under these conventions,[69] should be strengthened, alongside exploring the establishment of independent oversight bodies or enhancing the role of relevant international organizations such as UNEP, FAO, and IMO in promoting compliance and legal development.

4.3. Strengthening Cooperation and Establishing Effective Transboundary Dispute Resolution Mechanisms

Managing water resources and resolving disputes arising from the shared use of water is one of the most complex challenges in international relations, requiring trust, genuine cooperation, and effective legal mechanisms. For countries sharing river basins or seas—such as Vietnam in the context of the Mekong River and the South China Sea—building and consolidating a cooperative framework, while establishing fair and sustainable dispute resolution methods, is crucial for ensuring Blue Rights and water security for all stakeholders.

Promoting cooperation, data sharing, and trust-building: The foundation of any effective transboundary cooperation mechanism is transparency, mutual trust, and timely information sharing. Sustainable management of shared rivers, lakes, and groundwater resources is a key area of international cooperation. The interdependence between upstream and downstream countries requires effective coordination mechanisms to prevent conflicts, optimize benefits, and protect ecosystems. Strengthening the role and effectiveness of existing river basin organizations, such as the Mekong River Commission (MRC), is essential. These organizations serve as platforms for dialogue, policy coordination, and the implementation of specific cooperative activities.[70]

A core element of cooperation is the establishment and operation of effective data and information sharing mechanisms on hydrology, water quality, flows, water use, and development projects with transboundary impacts.[71] The Prior Notification, Prior Consultation, and Agreement (PNPCA) procedure of the MRC exemplifies a mechanism ensuring transparency and downstream participation in upstream development projects.[72] Conducting Transboundary Environmental Impact Assessments (TbEIA) with full participation of affected parties is also crucial to prevent negative impacts and build trust. The Espoo Convention on Environmental Impact Assessment in a Transboundary Context provides an important international legal framework for this purpose.[73]

For marine environmental cooperation, UNCLOS provides a comprehensive legal framework, but practical implementation of its provisions is necessary to translate rules into effective action. Regional and international cooperation should be strengthened to fulfill obligations under the Convention, particularly Part XII on the Protection and Preservation of the Marine Environment. In Southeast Asia, frameworks such as ASEAN and South China Sea–related mechanisms should be leveraged to promote cooperation in specific areas, including: controlling marine pollution from land-based and vessel sources through effective enforcement of MARPOL; conserving marine biodiversity via marine protected area networks and management of migratory species; promoting joint scientific research; sustainable fisheries management and combating IUU fishing;[75] and building joint response capacity for oil spills and hazardous chemical incidents.[76]

The international community also needs to collaborate to address legal gaps and emerging challenges in ocean governance. Marine plastic pollution, for instance, requires binding international agreements, as envisioned in UNEA Resolution 5/14.[77] Another historic step is the 2023 BBNJ Agreement, which governs activities and biodiversity conservation in the high seas. Effective implementation of BBNJ provisions—including marine genetic resource sharing, environmental impact assessment, area-based management tools, capacity building, and technology transfer—requires extensive international cooperation.[78]

Enhancing joint scientific research, pilot projects on sustainable water management, climate adaptation, and biodiversity protection also fosters shared understanding and builds trust among countries. Differences in legal systems and technical capacities may pose barriers; thus, capacity-building and technical support programs should be promoted.[79]

Establishing fair benefit-sharing mechanisms and effective dispute resolution:

Cooperation over transboundary water resources should go beyond mere water allocation to encompass equitable and reasonable benefit-sharing from sustainable water use. Benefits may include hydropower, inland water transport, agriculture, tourism, biodiversity conservation, and ecosystem services. Countries should also share responsibilities in mitigating negative impacts and costs of water protection. Building benefit-sharing mechanisms requires creativity, flexibility, and strong political commitment from all parties.[80]

When disputes arise, it is vital to have accessible, effective, and mutually accepted dispute resolution mechanisms. The UN Charter obliges member states to settle international disputes peacefully.[81] Relevant international treaties on water and the sea often include provisions for dispute resolution. Strong encouragement should be given to the use of peaceful mechanisms such as negotiation, mediation, conciliation, and adjudication through international courts such as the ICJ and the ITLOS, as well as international arbitration. However, the effectiveness of these tribunals often depends on state consent to jurisdiction.[82] Given the complexity and technical nature of environmental and water issues, specialized dispute resolution mechanisms should be considered. This could include establishing new international or regional environmental courts, staffed with experts and developing specialized case law. Experience from river basins worldwide shows that having a clear, trusted dispute resolution mechanism is crucial to maintaining cooperation and preventing escalation of conflicts.[83]

These solutions must be implemented in a coordinated manner, with strong political commitment from states and close international cooperation. For Vietnam, priorities include proactively strengthening national legislation, actively participating in and implementing international commitments, enhancing regional cooperation (particularly regarding the Mekong River and South China Sea), and applying scientific and technological solutions to protect Blue Rights, ensure water security, and promote sustainable development.

CONCLUSION

Blue Rights – the right to access and sustainably use water resources – increasingly asserts a central position within the modern human rights framework, particularly in the context of climate change and the escalating depletion of natural resources. Based on key international treaties such as UNCLOS, the UN Watercourses Convention, the Ramsar Convention, CBD, and the Paris Agreement, the concept of Blue Rights has been clearly shaped within international law and provides guidance for state action in protecting human rights related to water, aquatic ecosystems, and the marine environment.

However, to realize these rights, both the international community and individual states face significant challenges, such as conflicts between development and resource protection, the lack of effective enforcement mechanisms, and unresolved transboundary disputes. The case of Vietnam shows that, despite some progress in legal reform and the promotion of regional cooperation, there remains a need to further complete the domestic legal framework, strengthen institutional capacity, apply science, technology, and nature-based solutions, as well as enhance international and regional cooperation in water management and marine environmental protection.

Protecting Blue Rights is not only a legal obligation but also a political and ethical choice, reflecting states’ commitment to a sustainable and equitable future for all generations. In the era of sustainable development, Blue Rights should not be regarded as optional but must be guaranteed as a universal, non-negotiable right. Vietnam, as a coastal state with numerous transboundary river basins, needs to take a proactive, active, and responsible role in domesticating, implementing, and safeguarding these rights, not only for national interests but also for the common good of humanity.

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Dr. Nguyen Toan Thang – Hanoi Law University

[1] In fact, 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, freedom of religion, the right to a fair trial, and the right not to be tortured. 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 (second generation) or even collective rights (third generation), such as the right to sustainable development and the right to live in a healthy environment.

[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] Nguyen Thi Thu Trang, The Right of Landlocked States to Access the Sea and Exploit Marine Biological Resources 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).

[18] ICJ, Gabčíkovo-Nagymaros Project (Hungary/Slovakia), (1997), https://www.icj-cij.org/case/92.

[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.

[22] Ramsar Convention Secretariat, Workplan of the Secretariat for 2023-2025, https://www.ramsar.org/document/workplan-secretariat-2023-2025 (last visited Apr. 4, 2025).

[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.

[24] Ramsar Convention, Resolution XIV.7: Ramsar Regional Initiatives, (2022), https://www.ramsar.org/document/resolution-xiv7-ramsar-regional-initiatives.

[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/.

[32] Quang The, Focus on Pollution Treatment in the Nhue - Day River Basin/Focus on pollution treatment in Nhue - Day river basin, Tuoi tre Online, Jan. 25, 2025, https://tuoitre.vn/tap-trung-xu-ly-o-nhiem-tren-luu-vuc-song-nhue-day-20250125210152387.htm.

[33] Ngọc Hân, Current status and solutions for environmental protection in industrial zones, Communist Journal (2021).

[34] ICJ, International Court of Justice, https://www.icj-cij.org/home (last visited Apr. 3, 2025).

[35] PCA, Permanent Court of Arbitration, https://pca-cpa.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).

[51] Daginnus Klaus et al., Best Available Techniques (BAT) Reference Document for Common Waste Gas Management and Treatment Systems in the Chemical Sector, JRC Research Reports (2023).

[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.

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[58] FAO, Climate Smart Agriculture Sourcebook, (2017), https://www.fao.org/climate-smart-agriculture-sourcebook/en/; UNDP, Nature-Based Solutions for Water, (2018), https://www.undp.org/publications/nature-based-solutions-water.

[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.

[61] World Meteorological Organization, HydroHub - The Global Hydrometry Support Facility, World Meteorological Organization (Jul. 3, 2023), https://wmo.int/site/wmo-hydrohub.

[62] FAO, Global Record of Fishing Vessels, Refrigerated Transport Vessels and Supply Vessels, https://www.fao.org/global-record/en/ (last visited Apr. 3, 2025).

[63] OECD, Blockchain Technologies as a Digital Enabler for Sustainable Infrastructure, OECD Environment Working Papers No 152 (2019), https://www.oecd.org/en/topics/environment.html.

[64] ILC, Draft Articles on Responsibility of States for Internationally Wrongful Acts, 2, https://legal.un.org/ilc/texts/9_6.shtml (last visited Apr. 3, 2025).

[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.

[66] See the Rio Declaration on Environment and Development (Rio Declaration on Environment and Development) UN Doc A/CONF.151/26 (vol I) (12 August 1992), Principle 10.

[67] United Nations Environment Assembly, End Plastic Pollution: Towards an International Legally Binding Instrument, UNEP/EA.5/Res.14(2022), https://digitallibrary.un.org/record/3999257?v=pdf.

[68] UN, BBNJ Agreement | Agreement on Marine Biodiversity of Areas beyond National Jurisdiction, A/RES/79/271 (2023), https://www.un.org/bbnjagreement/en.

[69] Ví dụ: các cơ chế báo cáo và rà soát theo CBD https://www.cbd.int/reports/, accessed 2 April 2025 or UNFCCC https://unfccc.int/Transparency, accessed 2 April 2025.

[70] MRC, Mekong River Commission, https://www.mrcmekong.org/ (last visited Apr. 3, 2025).

[71] MRC, Procedures for Data and Information Exchange and Sharing (PDIES), https://portal.mrcmekong.org/procedure/pdies-overview (last visited Apr. 3, 2025).

[72] MRC, PNPCA Prior Consultations – Mekong River Commission, https://www.mrcmekong.org/news_and_events_cat/pnpca-prior-consultations/ (last visited Apr. 3, 2025).

[73] Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention), United Nations,Treaty Series , vol. 1989 309 (1991), https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVII-4&chapter=27&clang=_en; Maria Carreno Lindelien, Sharing the Benefits from River Basin Management: From Theory to Practice, The IUCN Water Knowledge Platform (Jun. 19, 2024), https://waterandnature.org/sharing-the-benefits-from-river-basin-management-from-theory-to-practice/.

[74] International Convention for the Prevention of Pollution from Ships, 1973,amended by the 1978 Protocol (MARPOL 73/78).

[75]For example: ASEAN Regional Plan of Action for Combating IUU Fishing; FAO, Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (2009), https://www.fao.org/port-state-measures/en/, accessed 2 April 2025.

[76] For example: International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC) (1990).

[77] United Nations Environment Assembly, supra note 67.

[78] Shani Friedman, The Interaction of the BBNJ Agreement and the Legal Regime of the Area, and Its Influence on the Implementation of the BBNJ Agreement, 167 Marine Policy 106235 (2024).

[79] Marjo K. Vierros & Harriet Harden-Davies, Capacity Building and Technology Transfer for Improving Governance of Marine Areas Both beyond and within National Jurisdiction, 122 Marine Policy 104158 (2020).

[80] Willem A. Hoffmann, Benefit-Sharing, in Encyclopedia of Global Bioethics 246 (Henk ten Have ed., 2016), https://doi.org/10.1007/978-3-319-09483-0_38; Lindelien, supra note 73.

[81] UN, United Nations Charter, 1 UNTS XVI 2(3), 33, https://www.un.org/en/about-us/un-charter/full-text (last visited Apr. 3, 2025).

[82] ICJ, Statute of the International Court of Justice, 36, https://www.icj-cij.org/statute (last visited Apr. 3, 2025).

[83] Jerome Delli Priscoli & Aaron T. Wolf, Managing and Transforming Water Conflicts (2009).