Legal Strategies and Challenges in Climate Change Mitigation in Vietnam: The Role of Non-Contractual Damages Compensation

Abstract

Abstract Vietnam is exploring numerous strategies to combat climate change, with a growing emphasis on enhancing national legal provisions, particularly those related to non-contractual environmental damage compensation. However, it is a matter of debate whether Vietnam’s current regulations on non-contractual damages effectively contribute to climate change mitigation. This article highlights both the impact and limitations of existing laws concerning environmental non-contractual damages. It argues for a legal approach that prioritizes preventing wrongful environmental acts over merely addressing their consequences. This article is structured into four parts: (i) An overview of climate change in Vietnam; (ii) Comparative analysis of non-contractual compensation for climate-related damages across various jurisdictions, (iii) An examination of Vietnam’s legal framework for non-contractual compensation due to environmental pollution; and (iv) Conclusions and recommendations.