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Environmental Protection in Response to Marine Pollution Caused by Plastic Waste: A Comparative Study in ASEAN Region

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Nguyen, T., Nguyen, P. Environmental Protection in Response to Marine Pollution Caused by Plastic Waste: A Comparative Study in ASEAN Region. German Yearbook of International Law, 67(1), 293-328. https://doi.org/10.3790/gyil.2025.401225
Nguyen, Thi Hong Yen and Nguyen, Phuong Dung "Environmental Protection in Response to Marine Pollution Caused by Plastic Waste: A Comparative Study in ASEAN Region" German Yearbook of International Law 67.1, 2025, 293-328. https://doi.org/10.3790/gyil.2025.401225
Nguyen, Thi Hong Yen/Nguyen, Phuong Dung (2025): Environmental Protection in Response to Marine Pollution Caused by Plastic Waste: A Comparative Study in ASEAN Region, in: German Yearbook of International Law, vol. 67, iss. 1, 293-328, [online] https://doi.org/10.3790/gyil.2025.401225

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Environmental Protection in Response to Marine Pollution Caused by Plastic Waste: A Comparative Study in ASEAN Region

Nguyen, Thi Hong Yen | Nguyen, Phuong Dung

German Yearbook of International Law, Vol. 67(2024), Iss. 1 : pp. 293–328 | First published online: July 28, 2025

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Ass. Prof. Dr. Thi Hong Yen Nguyen, Undergraduate Training Department, Hanoi Law University (HLU) NA Hanoi, Vietnam

  • Vice Director, Undergraduate Training Department, Hanoi Law University (HLU) Head of the International Law Division, Dak Lak Branch, Hanoi Law University (HLU)
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LL.M. Phuong Dung Nguyen, Department of Economics and Finance, The Business School, RMIT University Vietnam NA Hanoi, Vietnam

  • LL.M, Associate Lecturer. Nguyen Phuong Dung Department of Economics and Finance, The Business School, RMIT University Vietnam (Hanoi City Campus) Handi Resco Tower, 521 Kim Ma Street, Ngoc Khanh Ward, Ba Dinh District, Hanoi, Vietnam
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Abstract

Abstract: Plastic pollution is one of the most urgent environmental problems, threatening ecosystems and the habitats of people and species worldwide. It is undeniable that plastic manufacturing plays a pivotal role in each country’s economic development. Nevertheless, the impacts of plastic waste, especially single-use plastic items which comprise a large portion of plastic pollution in Vietnam and other countries in the Association of Southeast Asian Nations (ASEAN), are severe and outweigh the benefits that plastic production contributes to the country’s economic development and hamper the country’s path to sustainable development. Recognising the importance of safeguarding the marine environment, the governments of ASEAN nations have made significant efforts to promote international cooperation and develop legislative frameworks at both national and regional levels as a comprehensive approach to ‘white pollution’ in accordance with international environmental standards and its international and regional undertakings on environmentalism. From this viewpoint and drawing upon comparative research within ASEAN nations, the article initially provides an overview of the existing plastic pollution landscape attributed to plastic waste in ASEAN region. The article then concentrates on an analysis of regulatory responses, encompassing both regional and national levels, with the aim of ascertaining whether the regional and national instruments and mechanisms comprehensively address the issue of plastic waste. The article thereafter delves into and critiques the inherent weaknesses and challenges in the management and control of the environmental harm and impending threat posed by plastic pollution in certain ASEAN countries. These insights have direct implications for the governments to ensure effective management of plastic pollution.

I. An Expository Overview of the Pollution of Marine Environment Attributable to Plastic Waste in ASEAN Nations

Table of Contents

Section Title Page Action Price
Nguyen Phuong Dung and Nguyen Thi Hong Yen\nEnvironmental Protection in Response to Marine Pollution Caused by Plastic Waste: A Comparative Study in ASEAN Region 293
I. An Expository Overview of the Pollution of Marine Environment Attributable to Plastic Waste in ASEAN Nations 294
II. The Initiatives of ASEAN Member States in the Management and Conservation of Marine Environments Amidst Plastic Waste-Induced Pollution 300
A. Regional-Level Responses 301
1. The Bangkok Declaration on Combating Marine Debris 303
2. The ASEAN Framework of Action on Marine Debris (FAMAD) 305
3. The ASEAN Regional Action Plan for Combating Marine Debris in the ASEAN Member States (2021–2025) 306
4. The Coordinating Body on the Seas of East Asia (COBSEA) 308
5. The Partnerships in Environmental Management for the Seas of East Asia (PEMSEA) 309
B. National-Level Responses 310
1. Indonesia 310
2. Malaysia 313
3. The Philippines 315
4. Thailand 316
5. Vietnam 317
III. Challenges and Dilemmas Confronting ASEAN Nations in the Effective Management and Protection Against Marine Plastic Pollution: A Forward-Looking Perspective and Implications for Improvement 321
A. Absence of Effective Governance and Enforcement 321
B. Lack of Legally-Binding Instruments 322
C. Lack of Uniformity and Consistency in Waste Management 325
IV. Conclusion 327