The 33rd Meeting of States Parties to the 1982 United Nations Convention on the Law of the Sea (UNCLOS) took place from June 12-16 at the United Nations Headquarters in New York, USA.
The conference considered the UN Secretary-General’s Annual Report “Oceans and the Law of the Sea”, which noted that “ocean health continues to decline due to a variety of factors, including increasing ocean acidification, excess nutrients in seawater, and plastic pollution, threatening the planet’s largest ecosystem and affecting the livelihoods of billions of people”.
The report calls for “urgent efforts” to address challenges facing developing countries, including capacity building, developing partnerships for sustainable ocean economies and innovative financial solutions.
On the occasion of the 40th anniversary of the adoption of UNCLOS, the Report calls for a new lease of life for the efforts of States and international organizations to enhance the full and effective implementation of the Convention and its implementing agreements.
The majority of speakers at this year's Conference continued to affirm the importance of UNCLOS as the comprehensive international legal framework governing activities and issues related to the sea.
The conference emphasized the need to comply with the Convention, promote regional and international cooperation in the fields of seas and oceans, respond to challenges such as marine pollution, climate change, rising sea levels, and contribute to the implementation of Sustainable Development Goal No. 14 related to the conservation and sustainable development of seas and oceans.
The conference marked a historic milestone in reaching an agreement on the draft content of the Agreement on the Conservation and Sustainable Use of Marine Biodiversity Beyond National Jurisdiction (BBNJ), aiming to adopt this document at the upcoming meeting (scheduled from June 19-20 at the United Nations Headquarters).
Speaking at the Conference, Ambassador Dang Hoang Giang, Head of the Vietnamese Delegation to the United Nations, Head of the Vietnamese Delegation affirmed that over the past 40 years, UNCLOS, as the “Constitution of the Ocean”, has been the legal framework regulating all activities at sea; the Convention and its implementing agreements have played a fundamental role for cooperation and action of nations, regions and the world at sea.
The Ambassador highlighted Vietnam's efforts to implement UNCLOS, including the National Strategy on Climate Change for the period up to 2050 issued under Decision No. 896/QD-TTg dated July 26, 2022 of the Prime Minister . As one of the founding members of the Friends of UNCLOS Group, Vietnam continues to reaffirm its commitment to the Convention and to uphold its universality, integrity and full implementation.
Regarding the situation in the East Sea, Ambassador Dang Hoang Giang reiterated Vietnam's stance on resolving disputes by peaceful means, in accordance with international law, especially UNCLOS, and expressed concern about recent developments in the East Sea that could affect peace, security and development.
The Ambassador affirmed that respect for the sovereignty, sovereign rights and jurisdiction of coastal states over maritime zones established under the Convention is a prerequisite for maintaining and ensuring peace, security and prosperity in the East Sea. On that basis, the Head of the Vietnamese delegation called on all relevant countries to exercise restraint and avoid carrying out activities that complicate the situation or escalate tensions.
At the discussion session on the report of the International Tribunal for the Law of the Sea (ITLOS), the Vietnamese delegation emphasized that ITLOS has successfully fulfilled its role as a judicial body established under UNCLOS, and acknowledged the Court's training and capacity building programs for developing countries.
At the same time, in the context of increasing challenges and emerging issues at sea, the role of ITLOS as the guardian of the integrity and comprehensiveness of the Convention is becoming increasingly important. On that basis, Vietnam hopes that the Court will seriously consider the request of the Commission of Pacific Islands States for an advisory opinion on the issue of climate change and international law, thereby clarifying the obligations of States to protect the marine environment, on the basis of considering the rights and legitimate interests of developing countries. The Vietnamese delegation also informed the Conference of its intention to submit a national viewpoint to ITLOS on this issue.
Regarding the report of the Commission on the Limits of the Continental Shelf (CLCS), the Vietnamese delegation emphasized the need to improve the CLCS process of considering submissions on the limits of the continental shelf beyond 200 nautical miles to fully and effectively implement UNCLOS, especially in the context of the need to identify "areas beyond national jurisdiction" to move towards implementing the Agreement on the Conservation and Sustainable Use of Biodiversity in Areas Beyond National Jurisdiction (BBNJ) after the Agreement is adopted and comes into effect in the coming time.
On this occasion, UNCLOS member states elected 07 ITLOS judges for the 2023-2032 term. The 07 candidates elected as ITLOS judges include: Frida María Armas Pfirter (Argentina); Konrad Jan Marciniak (Poland); Tomas Heidar (Icealand); Zha Hyoung Rhee (South Korea); Thembile Elphus Joyini (South Africa); (Horinouchi Hidehisa (Japan); and Osman Keh Kamara (Sierra Leone)./.
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