International Law and Developing States: Lessons from Vietnam

By Elizabeth Kirk

Using Vietnam as a case study, this article outlines the major problems that confront developing nations who must enact legislation in response to international environmental agreements. Specifically, it focuses on the problems facing Vietnam resulting from the need to comply with the UN Convention on the Law of the Sea and The 1985 Montreal Guidelines for Prevention of Pollution. The broad guidelines of these international instruments have caused Vietnam to enact regulations which vary greatly in their effectiveness and strength, including a regulation which prohibits all pollution, which -- in theory -- would also prohibit all forms of industry, agriculture, and domestic activity.

To compound the regulatory problems, Vietnam's laws do not clearly state who is responsible for compliance and enforcement. Additionally, existing environmental policies are vague guidelines that are not harmonized among the state and local levels. The main piece of Vietnamese environmental legislation, the Environmental Protection Law of Vietnam, attempts remedy these problems to comply with international requirements. Although the law provides a solid regulatory foundation, its scope is extremely flexible, it provides little funding for environmental protection and it does not create an authoritative structure. The article emphasizes the need for drafting conventions to consider practical conventions which can be easily implemented.