In August 1967, starting from the proposal of Ambassador Arvid Pardo, Head of the Maltese Delegation to the United Nations, the idea of an international treaty regulating the seabed and oceans, serving the common interests of mankind, was born. In 1973, the Third United Nations Conference on the Law of the Sea was officially held with the mission of negotiating a comprehensive international treaty on the fields of sea and ocean management. After 9 years of negotiation, the 1982 draft UNCLOS was adopted on April 30, 1982 with 130 votes in favor (4 votes against and 17 abstentions) (1) . On the day of official opening for signing (December 10, 1982), 117 countries signed the Convention. On November 16, 1994, one year after 60 member states ratified it, UNCLOS 1982 officially came into effect. To date, UNCLOS 1982 has been ratified by 168 member states (2) .
Comprehensive and fair legal framework
Before UNCLOS in 1982, in 1958, the United Nations held the First Conference on the Law of the Sea and achieved the first international legal framework to regulate issues of the sea and ocean through four Conventions on the territorial sea and contiguous zone, the continental shelf, the high seas, fishing and conservation of the living resources of the high seas and a Protocol on the settlement of disputes (3) . This was a major step towards establishing the first international legal order at sea, harmonizing the different interests of coastal states and the common interests of the international community. However, the 1958 Conventions revealed many limitations.
Firstly, the determination of maritime boundaries has not been completed because countries have not yet agreed on the width of territorial waters and fishing zones. Secondly, the division of rights and interests at sea tends to protect the interests of developed countries, ignoring the interests of developing countries and geographically disadvantaged countries (4) . Thirdly, the international seabed beyond the continental shelf limits of coastal countries is completely left open, not regulated by international legal regulations. Fourthly, the protocol on dispute settlement narrows the option of compulsory settlement through the International Court of Justice (ICJ), so it does not receive widespread support (5) . Fifthly, although the problem of marine environmental degradation and pollution has been anticipated, the regulation on the conservation of marine biological resources at sea is not sufficient in terms of sources of pollution, scope of pollution and sanctions to handle violations of marine environmental pollution.
The 1982 UNCLOS overcame the limitations of the 1958 Conventions and created a fair legal framework, harmonizing the interests of different groups of countries such as between coastal and landlocked countries, or geographically disadvantaged countries between developed countries and developing and underdeveloped countries.
Specifically, for the first time, UNCLOS in 1982 completed the regulations on determining the boundaries of maritime zones from internal waters, territorial waters, contiguous zones, exclusive economic zones, continental shelves, high seas and the Area (international seabed). In particular, the exclusive economic zone regime was born as a result of protecting the economic privileges of developing countries and newly independent countries in the national liberation movement in the 60s of the 20th century. This is the first legal regime that was regulated taking into account the characteristics of the natural distribution of marine living resources within 200 nautical miles (6) and establishing fairness for all countries, excluding regulations based on traditional and historical fishing rights established by countries with developed scientific and technological conditions since before the Convention was born.
Regarding the continental shelf, the 1982 UNCLOS stipulates criteria for determining the continental shelf boundary based on objective geographical criteria on the basis of respect for the principle that the land dominates the sea. Accordingly, the continental shelf is a geological concept, a natural extension of the land territory of coastal states. Therefore, the minimum width of the legal continental shelf that countries can determine is 200 nautical miles from the baseline. Countries with a natural continental shelf wider than 200 nautical miles are allowed to determine an extended legal continental shelf (7) . However, to ensure fairness and objectivity, the United Nations Commission on the Limits of the Continental Shelf (CLCS) (8) will have the authority to review the method of determining the extended continental shelf of coastal states and only those extended continental shelf boundaries that are determined in accordance with the recommendations of the (CLCS) will have binding value and receive recognition from other countries.
The interests of landlocked or geographically disadvantaged states are also taken into account when a series of regulations on transit and exploitation of surplus fisheries are included in the exclusive economic zone regime (9) . In addition, the characteristics of archipelagic states are also considered for the first time and codified into the legal status of archipelagic states (10) .
In particular, in addition to inheriting the provisions on freedom of the seas, UNCLOS in 1982 for the first time established a legal regime for the Area with the characteristics of being a common heritage of mankind. In particular, the Seabed Authority (ISA) was established to establish a regime on resource exploitation in the Area and to distribute benefits fairly to member states (11) . The Agreement on the Implementation of Part XI was also signed in 1994 to supplement specific provisions on management and exploitation of the Area for UNCLOS in 1982.
Peaceful mechanism for resolving maritime disputes
The United Nations Charter stipulates the principle of peaceful settlement of international disputes. Accordingly, disputes must be resolved through measures such as negotiation, investigation, mediation, conciliation, arbitration, courts and regional and international organizations or any other peaceful means chosen by the parties themselves (12) . The 1982 UNCLOS reaffirmed the spirit of this principle, while skillfully combining peaceful measures to create a dispute settlement mechanism suitable to the specific characteristics of disputes between member states regarding the interpretation and application of the Convention.
Accordingly, UNCLOS 1982 gives priority to agreements on dispute settlement measures that the parties have agreed upon in advance. If there is no existing agreement on dispute settlement measures, UNCLOS 1982 requires the parties to negotiate directly through the provision of exchange of views as a compulsory measure. In addition, UNCLOS 1982 encourages the parties to use conciliation as a voluntary option to facilitate direct negotiations.
However, the mandatory exchange of views is not valid indefinitely. The Convention only requires the parties to have the obligation to exchange views within a reasonable period of time (13) . After that period, if the parties fail to reach a solution to resolve the dispute, the judicial bodies will be the next choice. For more flexible options, UNCLOS 1982 stipulates that the parties can declare to choose one of four judicial bodies, including: International Court of Justice (ICJ), International Tribunal for the Law of the Sea (ITLOS), Arbitration established under Annex VII and Arbitration established under Annex VIII (14) . In particular, apart from the ICJ, which was established alongside the United Nations in 1945, the remaining institutions were all newly established under the provisions of UNCLOS 1982. Notably, UNCLOS 1982 creates an automatic default mechanism. Accordingly, if the parties do not make a statement choosing a jurisdiction, or choose different agencies, the Arbitration established under Appendix VII is the mandatory competent authority to resolve the dispute.
This default mechanism provision ensures both flexibility in choosing the dispute settlement agency and efficiency when a party can use the right to unilaterally initiate an arbitration established under Annex VII to resolve disputes with another member state regarding disagreements related to the interpretation and implementation of the 1982 UNCLOS. The right to unilaterally initiate a lawsuit is provided on the basis that the 1982 UNCLOS is a package Convention, member states are not allowed to make reservations to any provisions when ratifying the Convention, and therefore, voluntarily bound themselves to the mandatory authority of the dispute settlement mechanism provided for in Part XV of the Convention.
However, in order to create more flexibility for the dispute settlement mechanism, and also to overcome the limitation of the rigid provisions of the 1958 Dispute Settlement Protocol (which led to many countries not ratifying it), the 1982 UNCLOS provided for additional exceptions and limitations. Accordingly, disputes related to the interpretation or application of the provisions of the Convention on the exercise of sovereign rights and jurisdiction of coastal states are naturally excluded from compulsory dispute settlement mechanisms of judicial bodies (15) . Disputes related to border delimitation, maritime boundaries, military activities of vessels, or being considered by the United Nations Security Council are also excluded by choice from compulsory dispute settlement mechanisms of judicial bodies (16) . Accordingly, if a member state makes a declaration excluding these three selected types of disputes, other states are not allowed to initiate lawsuits against these disputes to the judicial bodies under the provisions of the Convention.
Although some disputes are excluded by default or by choice from compulsory dispute settlement through judicial bodies, member states are still obliged to settle disputes by other peaceful means, including the obligation to exchange views. In particular, UNCLOS 1982 provides that for these excluded disputes, a party may unilaterally request compulsory conciliation to make recommendations on dispute settlement measures.
It can be said that with flexible and creative provisions, UNCLOS 1982 has created a multi-layered dispute resolution mechanism, ensuring flexibility and freedom of choice for the parties regarding dispute resolution measures and agencies, while facilitating the process of dispute resolution of the parties. In particular, the dispute resolution mechanism of UNCLOS 1982 is the first pioneering mechanism to regulate the right of a member state to unilaterally initiate a lawsuit before an international judicial body. Thanks to this provision, many disputes between countries at sea have been resolved and disagreements between countries have been narrowed. Since the birth of UNCLOS 1982, 29 maritime disputes have been resolved through the ICJ, 18 disputes have been resolved through ITLOS and 11 disputes have been resolved through Arbitration established under Annex VII.
Sustainable values, towards the future
Not only creating a comprehensive and universal legal framework, a creative dispute resolution mechanism, promoting peace and stability at sea, the 1982 UNCLOS also has progressive provisions, associated with the orientation of sustainable and future-oriented sea and ocean governance. The obligation to cooperate is the focus of the Convention when it is mentioned 60 times in 14 different articles in the Convention, including provisions on cooperation in the field of protection and preservation of the marine environment, cooperation in marine scientific research, cooperation in science and technology transfer, cooperation in semi-enclosed seas, cooperation in suppressing crimes at sea...
In the field of protection and preservation of the marine environment, UNCLOS 1982 provides consistent regulations, assigning responsibilities and obligations of coastal states within the exclusive economic zone; at the same time, defining the obligation of cooperation between states within the high seas. In particular, Part XII of UNCLOS 1982 is dedicated to regulating the protection and preservation of the marine environment with 11 sections.
In addition to Section 1, which stipulates general obligations applicable to States, Part XII of UNCLOS 1982 contains specific provisions on cooperation at the regional and international levels, technical assistance to developing countries, and assessment of the impact of marine pollution sources. In particular, in order to develop regulations on preventing marine pollution at the national and international levels and determine responsibility for acts causing marine pollution, UNCLOS 1982 classifies the causes of pollution from land sources, from exploitation activities in the Area, from vessels, from dumping and dumping into the sea, from air and atmosphere. In addition, UNCLOS 1982 also has specific provisions for ice-covered sea areas and determines the relationship with other specialized international treaties in the field of environmental protection.
In the field of marine scientific research, the 1982 UNCLOS emphasizes the need to ensure harmony between the sovereignty and jurisdiction of coastal states on the one hand and the interests of the community on the other. Accordingly, the Convention stipulates that countries and international organizations disseminate information and knowledge resulting from marine scientific research. At the same time, the Convention also requires countries and international organizations to cooperate and facilitate the exchange of scientific data and information and the transfer of knowledge gained from marine scientific research, especially to developing countries as well as to enhance capacity building for developing countries in the field of marine scientific research (17) .
In particular, recognizing the importance of science and technology, and at the same time, overcoming the inequality between countries in this field, the 1982 UNCLOS dedicated Part XIV to regulating the issue of technology transfer. Accordingly, the Convention defines the principle that countries cooperate directly, or through international organizations, to actively facilitate the development and transfer of marine science and technology under fair and reasonable forms and conditions. The Convention pays special attention to the need for technical assistance of developing countries, land-locked countries or geographically disadvantaged countries, in the exploration, exploitation, protection and management of marine resources, protection and preservation of the marine environment, marine scientific research and other activities to be carried out in the marine environment suitable to promote the social and economic progress of developing countries. The Convention also encourages the establishment of national and regional marine scientific and technological research centres to encourage and promote marine scientific research aimed at the use and conservation of marine resources for sustainable development.
To achieve the goal of conserving valuable marine genetic resources for sustainable development in the future, the member countries of the Convention are currently participating in the process of negotiating and signing an agreement on biodiversity in areas beyond national jurisdiction (18) . At the same time, with the development of science and technology and new emerging issues, such as the negative impacts of climate change, rising sea levels, and the impacts of epidemics, member countries will continue to discuss to supplement the provisions of the Convention.
Vietnam - a responsible member of UNCLOS 1982
Immediately after the country's reunification, Vietnam actively participated in the Third United Nations Conference on the Law of the Sea; at the same time, it issued a Declaration on territorial waters, contiguous zones, exclusive economic zones, and continental shelves on May 12, 1977 (19) . Although it was promulgated in 1977, the content of this Declaration is completely consistent with the provisions of UNCLOS signed by countries in 1982. In 1994, Vietnam was the 63rd country to ratify UNCLOS 1982, before the Convention officially came into effect in December 1994. The National Assembly's resolution ratifying UNCLOS 1982 clearly affirmed that, by ratifying UNCLOS 1982, Vietnam expressed its determination to work with the international community to build a fair legal order, encouraging development and cooperation at sea (20) .
After becoming an official member of UNCLOS in 1982, Vietnam has issued many domestic legal documents to specify the provisions of the Convention in many fields, such as territorial borders, maritime, fisheries, oil and gas, marine and island environmental protection... In particular, in 2012, Vietnam issued the Vietnam Law of the Sea with most of the contents compatible with UNCLOS 1982.
In 2009, fulfilling its obligations under the 1982 UNCLOS, after 15 years of becoming a member of the Convention, Vietnam submitted its extended continental shelf boundary in the northern area to the United Nations Commission on the Limits of the Continental Shelf (21) . In addition, Vietnam also cooperated with Malaysia to submit to the CLCS the common extended continental shelf boundary in the southern part of the East Sea, where the two countries have overlapping, undelimited continental shelves (22) .
With the spirit of equality, mutual understanding and respect, and respect for international law, especially the 1982 UNCLOS, Vietnam has successfully delimited overlapping maritime areas with many neighboring countries. Along with maritime delimitation, Vietnam and China also reached an agreement on fisheries cooperation in the Gulf of Tonkin, thereby establishing a joint fishing cooperation area and joint patrols to prevent crimes and violations at sea (23) .
Up to now, the maritime delimitation agreements between Vietnam and neighboring countries have been implemented in accordance with the principle of peaceful settlement of international disputes, in accordance with international law, especially the 1982 UNCLOS, contributing to promoting peaceful, stable and developing relations between Vietnam and neighboring countries. In addition to maritime delimitation, Vietnam has also reached an agreement with Cambodia on historical waters in the undelimited maritime area between the two countries. At the same time, together with Malaysia, it has established a joint oil and gas exploitation area in the undelimited overlapping continental shelf area between the two countries.
In maritime areas that are still being encroached upon and have not been delimited, with neighboring countries such as the overlapping area with Cambodia, the tripartite overlapping area between Vietnam, Malaysia and Thailand, or the area with the potential for overlap between Vietnam and Brunei, as well as between Vietnam and the Philippines (24) , Vietnam always respects the sovereignty and jurisdiction of coastal countries over their exclusive economic zones and continental shelves, while promoting negotiations to find fundamental and long-term solutions. Vietnam supports the maintenance of stability on the basis of maintaining the status quo, not taking actions that further complicate the situation, not using force or threatening to use force.
Particularly with the Hoang Sa and Truong Sa archipelagos, on the one hand, Vietnam affirms that it has sufficient historical and legal evidence to prove Vietnam's sovereignty over these two archipelagos; on the other hand, Vietnam determines that it is necessary to distinguish the issue of resolving disputes over the Hoang Sa and Truong Sa archipelagos from the issue of protecting the sea areas and continental shelf under Vietnam's sovereignty, sovereign rights and jurisdiction based on the principles and standards of the 1982 UNCLOS. On that basis, Vietnam has signed and implemented the Declaration on the Conduct of Parties in the East Sea (DOC), and is actively negotiating with China and member states of the Association of Southeast Asian Nations (ASEAN) on the Code of Conduct in the East Sea (COC).
On October 22, 2018, the Resolution of the 8th Central Conference, Session XII, on “Vietnam’s sustainable marine economic development strategy to 2030, with a vision to 2045” was issued. The Strategy clearly defines that “The sea is a component of the sacred sovereignty of the Fatherland, a living space, a gateway for international exchange, closely associated with the cause of building and defending the Fatherland” (25) . In addition to the goals of developing a blue marine economy, conserving biodiversity, preserving and promoting historical traditions and marine culture, combined with the acquisition of advanced and modern science and technology, and the use of high-quality human resources, the Strategy defines that by 2045, Vietnam will proactively and responsibly participate in solving international and regional issues related to the sea and ocean.
In this spirit, in 2021, Vietnam and 11 other countries founded the Friends of UNCLOS 1982 Group to create an open and friendly forum for countries to discuss issues related to the sea and ocean, thereby contributing to the full implementation of UNCLOS (26) . Currently, Vietnam is and will continue to proactively and actively participate in multilateral forums, discussing emerging issues of the sea and ocean such as biodiversity conservation in areas beyond national jurisdiction, responding to the negative impacts of climate change on the sea and ocean, and managing activities at sea in the context of new non-traditional security challenges, such as the COVID-19 pandemic, human trafficking, illegal migration, etc.
Often considered a “Constitution for the Oceans”, the signing of UNCLOS 40 years ago was a historic milestone in the development of international law, creating a comprehensive legal framework for peaceful and stable maritime governance, promoting cooperation between countries and sustainable development of seas and oceans. The United Nations - the multilateral organization with the most members in the world today - has repeatedly recognized the role of UNCLOS 1982 and emphasized the need to comply with the Convention in all activities at sea and ocean (27) . ASEAN in its high-level statements has also always emphasized the universal value and importance of implementing UNCLOS 1982 to maintain peace, stability and manage and peacefully resolve maritime disputes in the region. As a coastal country, an active and responsible member, Vietnam always affirms that the 1982 UNCLOS is one of the provisions of international law that plays a key role in the management and development of the national marine economy; at the same time, it is the basis for Vietnam to peacefully resolve maritime disputes with neighboring countries, towards peaceful and sustainable management of the East Sea./.
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(1) Gabriele Goettsche-Wanli: “The United Nations Convention on the Law of the Sea: Multilateral Diplomacy at Work”, No. 3, Vol. LI, United Nations, December 2014, https://www.un.org/en/chronicle/article/united-nations-convention-law-sea-multilateral-diplomacy-work
(2) See: List of countries that signed and ratified UNCLOS in 1982, https://www.un.org/depts/los/reference_files/UNCLOS%20Status%20table_ENG.pdf
(3) Full text of the four Conventions and one Protocol of 1958 on the Law of the Sea, https://legal.un.org/avl/ha/gclos/gclos.html
(4) Article 2 of the Continental Shelf Convention stipulates that countries can determine the continental shelf up to the limit according to their exploitation capacity. This criterion depends entirely on the level of development of science and technology and the strengths of developed countries.
(5) The Protocol on Settlement of Disputes has been ratified by only 18 countries. In addition to granting compulsory jurisdiction to the ICJ, the Protocol also leaves open the possibility of jurisdiction to other courts and tribunals if the countries reach a common agreement. However, the ultimate goal is still to establish the compulsory jurisdiction of a judicial body to settle maritime disputes. See: “List of ratifying countries”, https://treaties.un.org/Pages/showDetails.aspx?objid=08000002800332b0
(6) Before the provisions of UNCLOS in 1982, in the Santiago Declaration in 1952, three Latin American countries, including Chile, Ecuador and Peru, were the first to claim a 200-nautical-mile fishing zone, arguing that this is usually a shallow, warm sea area suitable for the growth and development of fish species. See: SN Nandan: “The Exclusive Economic Zone: A Historical Perspective”, https://www.fao.org/3/s5280T/s5280t0p.htm
(7) The extended continental shelf may have a width equal to the natural continental shelf, or 350 nautical miles from the baseline or 100 nautical miles from the 2,500m isobath. Details on the methods for determining the legal width of the continental shelf are provided for in Article 76 of the 1982 UNCLOS.
(8) The Commission on the Limits of the Continental Shelf (CLCS) is one of three bodies established under UNCLOS in 1982 to consider submissions on the limits of the continental shelf beyond 200 nautical miles by countries. The Commission consists of 21 members, representing 5 geographical regions.
(9) The Convention dedicates Part X with 9 articles from Articles 124 - 132; two articles in the Regulation of the Exclusive Economic Zone (Articles 69, 70) and Article 254 on marine scientific research to regulate the rights of geographically disadvantaged and landlocked states.
(10) An archipelagic State, due to its particularity of being composed of only an archipelago but geographically separated by different islands, is entitled to a special regime, as provided in Part IV, Articles 46-54. Accordingly, an archipelagic State may apply the method of archipelagic baselines, connecting the outermost points of the outermost islands and the submerged reefs of the archipelago, provided that the line of these baselines encloses the main islands and establishes an area in which the ratio of the area of the water to the area of the land, including the coral reef, is between 1:1 and 9:1. In addition, an archipelagic State shall apply a special legal regime to its archipelagic waters (the waters enclosed by the archipelagic baselines).
(11) The Seabed Authority is an organization with the function of organizing and controlling activities carried out in the Area for the purpose of managing the resources of the Area for the purpose of common heritage of mankind on the basis of the Regulations on the organizational structure, functions and tasks of the Seabed Authority as detailed in Part XI and the Agreement on the implementation of Part XI of UNCLOS 1982.
(13) Article 33 of the United Nations Charter
(13) The obligation to exchange views is provided for in Article 283 of the 1982 UNCLOS. The reasonable period of time is determined according to the circumstances of each specific case or matter.
(14) Provisions in Article 287 of UNCLOS 1982. In which, the Arbitration established under Annex VII and the Arbitration established under Annex VIII are both ad-hoc arbitrations. The Arbitration established under Annex VII has general jurisdiction over all types of disputes related to the interpretation and application of UNCLOS 1982, while the Arbitration established under Annex VIII only has jurisdiction over disputes related to marine scientific research.
(15), (16) Provisions in Article 297 of UNCLOS 1982
(17) Article 244 UNCLOS 1982
(18) To date, the negotiation process has been held at five intergovernmental plenary sessions. See: https://www.un.org/bbnj/
(19) The full text of the Declaration is available at the United Nations database on maritime claims of states, https://www.un.org/Depts/los/LEGISLATIONANDTREATIES/PDFFILES/VNM_1977_Statement.pdf
(20) Point 2, Resolution of the National Assembly of the Socialist Republic of Vietnam on the ratification of the 1982 United Nations Convention on the Law of the Sea dated June 23, 1994
(21) Vietnam submitted its submission on the northern extended continental shelf area to the CLCS on May 7, 2009, https://www.un.org/depts/los/clcs_new/submissions_files/submission_vnm_37_2009.htm
(22) Joint submission between Vietnam and Malaysia on the limits of the extended continental shelf submitted on 6 May 2009, https://www.un.org/depts/los/clcs_new/submissions_files/submission_mysvnm_33_2009.htm
(23) Agreement on Fisheries Cooperation in the Gulf of Tonkin between the Government of the Socialist Republic of Vietnam and the People's Republic of China, 2000, http://biengioilanhtho.gov.vn/medias/public/Archives/head/Cac%20nuoc%20bien%20gioi/UBBG.Viettrung09.pdf
(24) After Vietnam submitted its extended continental shelf claim in the northern area, the Philippines sent a Note Verbale expressing concern that Vietnam's continental shelf might overlap with the Philippine continental shelf. However, to date, the area of overlap has not been specifically determined. Similarly, Vietnam's extended continental shelf might also overlap with Brunei's.
(25) Documents of the 8th Conference of the 12th Central Executive Committee, Central Party Office, Hanoi, 2018, p. 81
(26) The UNCLOS Friends Group is the first group that Vietnam initiated, co-chaired the campaign to establish (with Germany) and joined the core group (including 12 countries: Argentina, Canada, Denmark, Germany, Jamaica, Kenya, the Netherlands, New Zealand, Oman, Senegal, South Africa and Vietnam). To date, 115 countries have joined the UNCLOS Friends Group, representing all geographical regions.
(27) See: Statement by the President of the 76th Session of the United Nations General Assembly, Abdullah Shahid, United Nations, 29 April 2022, https://www.un.org/pga/76/2022/04/29/40th-anniversary-of-the-adoption-of-the-united-nations-convention-on-the-law-of-the-sea-unclos/
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