United Nations Convention on the Law of the Sea: Intact values, creating a foundation for sea and ocean governance

On the occasion of the 30th anniversary of the entry into force of the United Nations Convention on the Law of the Sea (from November 16, 1994 to November 16, 2024), Alternate Member of the Central Committee of the Communist Party of Vietnam and Permanent Deputy Minister of Foreign Affairs Nguyen Minh Vu gave an interview to the press.

- Mr. Permanent Deputy Minister, could you please explain the value and role of the United Nations Convention on the Law of the Sea?

As a massive legal document with 320 Articles, divided into 17 Parts and 9 Annexes, the United Nations Convention on the Law of the Sea (UNCLOS), dubbed the "Constitution of the Oceans," establishes a comprehensive legal framework governing all activities in the seas and oceans, which cover more than 70% of the Earth's surface. The Convention also serves as the foundation for countries to cooperate in governing the oceans in an orderly and sustainable manner. Some of the key highlights and important significance of the Convention include:

Firstly, UNCLOS is the first to comprehensively and thoroughly address the issue of the scope and regime of maritime zones, providing a basis for states to exercise their rights and conduct activities at sea. The provisions on maritime zones stipulated in the Convention have harmonized the interests of different groups of states, including coastal states, landlocked states, and states facing geographical disadvantages.

One of the solutions that reconciles the interests of nations is that the Convention, for the first time, officially recognizes the "special" institution of the exclusive economic zone, in which coastal states have sovereign rights over biological and non-biological resources, while still guaranteeing certain freedoms for other states.

Furthermore, a highly innovative, perhaps most innovative, provision in the Convention is the designation of the "Zone," comprising the seabed and subsoil beyond national jurisdiction, and the resources within it, as the "common heritage of humanity." Accordingly, the Convention establishes an international organization to manage activities within the Zone, ensuring a fair sharing of economic benefits from the exploitation of these resources among all nations.

The Convention contains numerous provisions regulating the protection of the marine environment and marine scientific research – these are entirely new contents compared to previous international treaties on the sea of ​​the United Nations (the four Geneva Conventions on the Law of the Sea of ​​1958). Accordingly, UNCLOS establishes an important legal framework regulating the management of marine resources and their conservation and sustainable use for future generations. The issue of marine scientific research is also regulated in a harmonious and balanced way, harmonizing the sovereignty and jurisdiction of coastal states with the need for cooperation and increased understanding to better govern the seas and oceans.

Finally, the Convention establishes a relatively comprehensive dispute resolution system, reaffirming the obligation to peacefully resolve international disputes as stipulated in the United Nations Charter, and specifying peaceful means of dispute resolution such as mediation, arbitration, or court proceedings. With this system, disputes concerning the interpretation and application of the Convention can always be resolved promptly, thereby maintaining peace, stability, and preventing conflict. At the same time, the rulings of the judicial bodies established under UNCLOS also contribute to clarifying the Convention's provisions, ensuring its integrity and effective implementation.

It can be said that UNCLOS is one of the greatest achievements of international law in the 20th century. The Convention not only codified customary international regulations but also progressively developed international maritime law to meet new trends in the use and exploitation of the seas and oceans. To this day, the Convention retains its full value and continues to affirm its essential role in maintaining legal order in the seas and oceans.

Permanent Deputy Minister of Foreign Affairs Nguyen Minh Vu gave an interview to the press.

- Mr. Permanent Deputy Minister, after 30 years since its entry into force, what contributions has Vietnam made to the development and implementation of the Convention?

Vietnam has always actively and responsibly participated in the signing and implementation of the Convention. Immediately after the document was adopted and opened for signature, Vietnam was one of the first 107 countries to sign the Convention in Montego Bay (Jamaica) and ratify it before it entered into force. Over the years, in order to implement UNCLOS, Vietnam has gradually improved its legal system regarding the sea and oceans, promulgating legal documents, strategies, policies, and plans to serve the effective and sustainable use and exploitation of the country's seas.

As a responsible member of the international community, Vietnam has always considered the Convention a crucial basis for implementing cooperation activities at sea. Vietnam has achieved many successes in resolving maritime delimitation issues with neighboring countries, most notably, jointly resolving the maritime delimitation issue in the Gulf of Thailand with Thailand in 1997 – the first ASEAN maritime delimitation agreement after the Convention came into effect; being the first and only country to date to have a maritime delimitation agreement with China – delimiting the Gulf of Tonkin in 2000; and jointly resolving the issue of continental shelf delimitation and subsequently the exclusive economic zone delimitation with Indonesia in 2003 and 2022, respectively, enriching the practice of maritime delimitation as stipulated by the Convention.

In addition, Vietnam has actively and proactively participated in activities within the framework of international mechanisms established under the Convention, proposing many initiatives that have been recognized by the international community, thereby gradually enhancing Vietnam's role on the international stage.

Vietnam has served as a member of the Council of the International Seabed Authority, made substantive contributions to the International Tribunal for the Law of the Sea's advisory opinions on climate change and international law, and actively participated in the negotiations and early signing of the Agreement on the Conservation and Sustainable Use of Marine Biodiversity in Areas Beyond National Jurisdiction – the most recent international instrument related to the implementation of the Convention.

Vietnam also nominated highly experienced and qualified experts to participate in bodies established under the UNCLOS framework, including nominating candidates for the position of judge of the International Tribunal for the Law of the Sea (ITLOS) for the 2026-2035 term. At the United Nations, Vietnam, along with the delegations of 11 founding countries, is part of the UNCLOS Friends of the World group, which includes more than 100 member states from all geographical regions, to promote the implementation of the Convention.

It can be seen that, contributing to the formation and development of UNCLOS, Vietnam has always demonstrated its role as an active and responsible member of the Convention, always upholding its values, respecting and fully implementing the Convention, thereby affirming Vietnam's position, role and proactive involvement in the international arena.

- So, in the coming period, what contributions will Vietnam make to upholding and implementing this Convention, Mr. Permanent Deputy Minister?

In the coming period, Vietnam will be determined to successfully implement tasks aimed at further demonstrating its respect for, adherence to, and full implementation of UNCLOS, and to project an image of Vietnam in the era of national progress as a reliable friend and responsible member of the international community.

Firstly, Vietnam continues to enact policies and improve its national legal system related to the sea and islands in a sustainable manner, meeting the requirements of protecting maritime and island sovereignty, and ensuring compliance with international law, including UNCLOS.

Secondly, Vietnam has always upheld the spirit of the rule of law and considers the Convention as the legal basis for conducting activities at sea, including the peaceful resolution of maritime disputes with neighboring countries, aiming for peaceful and sustainable governance of maritime areas, including the South China Sea.

Thirdly, Vietnam actively participates and makes substantive contributions to forums on maritime law and oceans such as the Conference of States Parties to UNCLOS, the United Nations Ocean Conference, and continues to contribute to issues of international concern, including climate change, conservation and sustainable use of marine resources and biodiversity.

Fourth, Vietnam also calls on countries to continue ratifying and participating in the Convention, while promoting the good faith and full implementation of the Convention's provisions so that UNCLOS can further enhance its role as a comprehensive legal framework regulating all activities in the seas and oceans.

Finally, Vietnam will continue to further strengthen its cooperation with international legal bodies, especially those specializing in ocean and maritime law, making it more in-depth and substantive.

Thank you very much, Mr. Deputy Minister!

Source: https://thoidai.com.vn/cong-uoc-lien-hop-quoc-ve-luat-bien-nguyen-ven-gia-tri-tao-nen-tang-cho-quan-tri-bien-va-dai-duong-207317.html