To make UNCLOS not only a legal legacy but also a 'constitution' for the modern maritime order

Ambassador Nguyen Duc Hung, former Assistant Minister of Foreign Affairs, gave an interview to TG&VN on the sidelines of the 17th East Sea Conference on November 4.

Ambassador Nguyen Duc Hung, former Assistant Minister of Foreign Affairs, affirmed that Vietnam needs to continue to affirm that UNCLOS 1982 is an immutable foundation, protecting core principles of freedom of navigation, peaceful dispute settlement and sovereign equality. (Photo: TGCC)

Could you please assess the role of the East Sea Workshop in building a forum to connect views and enhance understanding among stakeholders on the East Sea issue?

After 17 East Sea Conferences organized by the Diplomatic Academy, this forum achieved 3 important results.

Firstly, the Workshop has become a gathering place for experts, scholars and even some government officials to exchange and discuss different issues or find common ground regarding the East Sea issue. This is truly a necessary forum, creating a space for open and constructive dialogue.

Second , the Workshop played a special role during some periods of uncertainty in the East Sea situation in the past. At that time, the forum contributed significantly to reducing tensions, enhancing mutual understanding, promoting constructive discussions and orienting peaceful solutions.

Third , over the past 17 years, the East Sea Conference has become a prestigious brand, attracting more and more leading experts and scholars on the sea and ocean. The Conference has maintained its role as a 1.5 dialogue channel, contributing to proposing useful initiatives and recommendations to governments of countries.

What is ASEAN’s role in maintaining a rules-based maritime order, with the 1982 United Nations Convention on the Law of the Sea (UNCLOS) as its pillar? How can extra-regional partners support ASEAN in this process, sir?

UNCLOS 1982 can be considered as the “constitution of the ocean”, an irreplaceable foundation, but it needs to be interpreted and implemented in accordance with the new strategic context, when factors such as artificial islands, militarization of exclusive economic zones or competition for influence appear. The value of UNCLOS remains the same, but its effectiveness depends on how countries apply it in practice.

ASEAN is an inseparable part of the international community and even more so of UNCLOS in maritime issues. In this new context, ASEAN needs to coordinate closely with external partners, such as the European Union (EU), Canada, Australia and Japan, to carry out four tasks:

First , promote the core values ​​of UNCLOS, including the clear definition of maritime zones, territorial waters, exclusive economic zones and continental shelves. Second, protect the legitimacy of the international rules-based order recognized by more than 160 countries. Third , strengthen the mechanism for peaceful dispute settlement through institutions such as the International Tribunal for the Law of the Sea (ITLOS), the International Court of Justice (ICJ) or the International Court of Arbitration (ICC). Fourth , balance the rights of coastal states and the freedom of navigation and overflight — important legal tools to protect small countries.

The 17th International Scientific Conference on the East Sea with the theme "Solidarity in Uncertainty" took place from November 3-4 in Da Nang. (Source: Diplomatic Academy)

In your opinion, what can Vietnam do to continue promoting the culture of dialogue and peaceful dispute resolution in the region?

Vietnam needs to continue to affirm that UNCLOS 1982 is an immutable foundation, protecting core principles of freedom of navigation, peaceful dispute resolution and sovereign equality. However, in the context of the 21st century, it is necessary to innovate approaches, invest in legal capacity, institutions and multilateral cooperation, so that UNCLOS is not only a legal legacy from 1982, but also a living constitution for the maritime order in the new era.

At the same time, Vietnam should expand the connection between the East Sea Conference and other international maritime forums, to spread the message of dialogue, strengthen ASEAN's central role, and enhance Vietnam's prestige and position in maritime and ocean issues.

Source: https://baoquocte.vn/de-unclos-khong-chi-la-di-san-phap-ly-ma-con-la-ban-hien-phap-cho-trat-tu-bien-hien-dai-333320.html