Dispute Settlement Mechanism in the 1982 UNCLOS Convention: Role, Effectiveness, Efficiency

According to Deputy Foreign Minister Nguyen Manh Cuong, the UNCLOS Convention in general and dispute settlement mechanisms in particular contribute to strengthening the stability of the legal order at sea, ensuring maritime security, peace and sustainable global economic development, and promoting international cooperation for long-term ocean governance.

The event was attended by about 130 delegates in person, nearly 50 delegates online; nearly 20 speakers from 14 countries and territories; about 40 delegates from nearly 30 foreign representative agencies in Vietnam; more than 70 delegates from central agencies, departments, ministries, research institutes, universities from many localities across the country.

In his opening remarks, Party Central Committee member and Deputy Minister of Foreign Affairs Dr. Nguyen Manh Cuong welcomed the 14th Ocean Dialogue, which was held at the right time and became a prestigious forum, attracting the attention of the international community in ensuring legal order at sea. The UNCLOS Convention in general and dispute settlement mechanisms in particular contribute to strengthening the stability of the legal order at sea, ensuring maritime security, peace and sustainable global economic development, promoting international cooperation for long-term ocean governance. Vietnam affirms its commitment to comply with UNCLOS, continuing to contribute to common efforts, promoting international legal cooperation on the sea, for peace, stability, prosperity, based on international law.

Deputy Director of the Diplomatic Academy, Associate Professor, Dr. Nguyen Thi Lan Anh said that the UNCLOS Convention is an effort of the international community to establish a unified legal framework for the sustainable and peaceful use of the sea. UNCLOS has codified a comprehensive system of maritime law, becoming the legal foundation for global ocean governance. One of the outstanding achievements of UNCLOS is the provision of regulations related to dispute settlement mechanisms. These mechanisms not only provide a framework and options for dispute settlement but also serve as a basis for promoting legal order at sea. In the context that the international community will celebrate the 30th anniversary of the establishment of the International Tribunal for the Law of the Sea (ITLOS), the "Dialogue" is an opportunity not only to assess the role of the dispute settlement mechanism within the framework of UNCLOS, in the peaceful settlement of disputes but also to promote the progressive development of the law of the sea; at the same time, identify ways to enhance the effectiveness and efficiency of the mechanism in responding to emerging challenges.

Australian Ambassador to Vietnam, Ms. Gillian Bird, emphasized that important events such as the Ocean Dialogue affirm the importance of peaceful settlement of disputes based on international rules and norms, not by threats, use of force, might or scale. Peace is important for the economy of Australia and Southeast Asia because countries rely on open sea lanes for trade and economic development.
UNCLOS sets out the comprehensive legal framework for all activities at sea and in the oceans, and provides the foundation for peace, security and stability in the region; Australia and Timor Leste have established good practice by participating in the first conciliation process under UNCLOS to peacefully resolve maritime disputes between the two countries, according to Ms. Gillian Bird.

Representing KAS, Ms. Olivia Schlouch, Manager of the Asia Rule of Law Dialogue Program, positively assessed the development of the Ocean Dialogue series in recent times. The Ocean Dialogue has become a prestigious international forum, gathering many leading experts in the maritime field and policy makers from many parts of the world. International maritime law, along with its impacts on cooperation, environmental protection, and dispute resolution, is of great significance from a legal, strategic, and regional perspective.

Ms. Olivia reaffirmed her belief in the multilateral rule-based order in ensuring peace and stability in the world's seas and oceans. The mechanisms provided for in Part XV of UNCLOS show that international law has established peaceful and systematic ways to resolve disputes.

In addition, Ms. Olivia Schlouch expressed strong support for Vietnam's nomination for the position of Judge at ITLOS, showing that Vietnam is increasingly affirming its capacity, prestige and demonstrating its leading role in the field of international maritime law.

Previously, on the sidelines of the 14th Maritime Dialogue on the evening of May 6, Chief Justice of the ITLOS, Mr. Tomas Heidar, gave an important introductory speech sharing about the role of the ITLOS in the peaceful settlement of disputes. Chief Justice of the ITLOS, Mr. Tomas Heidar, emphasized that the Court has received strong trust from member states and demonstrated its effective role in resolving international disputes at sea. Through the settlement of many important precedents, ITLOS has affirmed its central role and made important contributions to clarifying and developing the law of the sea, including legal issues such as the delimitation of the impacts of climate change.

Chief Justice Tomas Heidar affirmed that ITLOS continues to be a specialized forum to help member states peacefully resolve and provide legal advice on disputes, contributing to strengthening the legal order at sea on the basis of UNCLOS.

The 14th Ocean Dialogue focused on the following topics: (1) The dispute settlement mechanism in UNCLOS: Looking back at the past; (2) The contribution of the dispute settlement mechanism in UNCLOS to peace and stability at sea; (3) The contribution of the dispute settlement mechanism to the development of the law of the sea; (4) Exploring the future prospects of the dispute settlement mechanism in and outside UNCLOS. After 14 times of organization, the Ocean Dialogue has become a prestigious international scientific forum for experts, scholars and policy makers to seek solutions towards peace, stability, development and good governance in the oceans./.

BNG

Source: https://baochinhphu.vn/co-che-giai-quyet-tranh-chap-trong-cong-uoc-unclos-1982-vai-tro-hieu-luc-hieu-qua-10225050717440384.htm