'Only One Earth’ and Environmental Right Between Developed Countries and Emerging Countries: Italy and France in comparison with Vietnam

Today, environmental rights do not seem to be the main problem for either ‘future generations’ but also for ‘present generations’. This seems at least to be the case in certain ‘Western’ Countries, which for a long time have been considered to be ‘developed’, such as Italy at present which finds itself in a heavy economic crisis. On the contrary, in the Countries which a few years ago were called ‘developing’ ones if the environmental question, at the beginning, seemed like an obstacle the economic development and therefore neglected, it now begins to be a real worry. In fact, the basic idea of “common but differentiated responsibilities” between developed and developing countries in a concrete way has been quite inadequate. It is now put in jeopardy also by the processes of globalization and market integration. In this paper we shall then verify whether, and under which circumstances, the ‘diversified’ responsibility between developed and developing countries concerning sustainability has given any relevant result; or whether the processes of economic globalization, based on principles of unfettered and free competition have weakened environmental protection together with the principle of sustainable development. These problems are best considered through the surveys, first of all, the ratio between Trade and Environonment and, secondly, a comparison between legal orders belonging to different conceptions of law (like civilian vs. common law systems), but also between countries pertaining to the same legal “family” but bearing important differences as to their constitutional structure. In other words, in this paper we shall examine, on one hand, some northern countries such as, in particular, France and Italy, on the other hand, Vietnam unquestionably being an emerging country.