The High Seas Agreement helps strengthen the legal framework based on the 1982 Convention on the Law of the Sea.

The Agreement on the High Seas continues to strengthen the legal system based on the 1982 Convention on the Law of the Sea in the governance of seas and oceans, aiming at sustainable development.

Foreign Minister Bui Thanh Son answered questions about Vietnam's participation in the Agreement on the High Seas.

On September 20 in New York, within the framework of the High-level Week of the 78th United Nations General Assembly, Foreign Minister Bui Thanh Son signed the Agreement on the Conservation and Sustainable Use of Biodiversity in Marine Areas Beyond National Jurisdiction, also known as the High Seas Agreement. On this occasion, the Minister gave an interview in New York.

Dear Minister, at the signing ceremony of the Agreement on Biodiversity in Marine Areas Beyond National Jurisdiction , more than 60 countries signed the Agreement. This number demonstrates the special interest and support of countries for this Agreement. Could you please tell us why this Agreement has received such interest and support from the international community?

This Agreement, also known as the High Seas Agreement, is one of the most talked about international treaties of the past decade. There are several main reasons for this interest and support.

Firstly , as the name of the High Seas Treaty suggests, the Agreement regulates the exploitation, benefit sharing and conservation of marine genetic resources in international waters. This is a new and potential resource, belonging to vast sea areas that occupy more than 60% of the surface area of ​​the oceans and do not belong to any country. Many areas on the ocean floor have particularly rich ecosystems, with many rare and valuable genes, of high value for scientific research and great economic potential, especially the ability to create drugs to treat serious diseases, produce pharmaceutical cosmetics, etc.

Currently, almost only developed countries and private companies possessing leading marine and biotechnology technologies, with abundant financial resources, are able to collect marine genetic resources and develop profitable applications, while there is no international document stipulating the obligation to share benefits as well as conserve these resources.

This Agreement is the first comprehensive document to regulate the conservation and sustainable use of marine genetic resources in international waters.

Second , in recent years, the international community's awareness and concern for ocean issues and maritime law have increased, especially in the context of depleting marine resources due to overexploitation, negative impacts of environmental pollution, climate change, etc. Recognizing the importance of preserving genetic resources in deep and offshore seas, countries have come together to develop this document. The signing of the Agreement today is the culmination of long-term efforts by the international community, a process of nearly two decades, in which official negotiations began in 2018, attracting the participation of most United Nations member states, including landlocked countries or countries that are not members of the Convention on the Law of the Sea.

The draft Agreement was adopted by consensus last June, and the signing of the Agreement by a large number of participating countries on the occasion of its opening for signature demonstrates the success of the negotiation process, and is a historic milestone in the international community's efforts to protect the marine environment, in the context of implementing the 2030 Agenda, especially Sustainable Development Goal 14 on the conservation and sustainable use of the sea and marine resources.

Third , in addition to the goal of conservation and sustainable use, the Agreement has opened up opportunities for developing countries to access, participate in research and benefit from genetic resources in international waters.

Fourth , this is the third Agreement negotiated and signed within the framework of the Convention on the Law of the Sea, reaffirming the role and importance of the Convention as the legal framework for all activities at sea and in the ocean. Such an important document cannot fail to receive the attention of the international community.

Foreign Minister Bui Thanh Son signed the Agreement on the Sea.

Dear Minister, what impact does the Agreement have on Vietnam?

As a coastal country, “unifying the ideology and awareness of the position, role and importance of the sea in the cause of national construction and protection”, as stated in the Strategy for sustainable development of Vietnam's marine economy to 2030, with a vision to 2045, Vietnam participated in the document negotiation process from the beginning.

The Agreement is the result of a process of negotiation and compromise around different, even conflicting views on exploitation and conservation; encouraging scientific research and capacity building, technology transfer; and equitable benefit sharing. The success of the Agreement negotiations is very encouraging, especially for developing countries.

For Vietnam, the Agreement has many important meanings.

Firstly , Vietnam is one of the first countries to sign the Agreement within the framework of Prime Minister Pham Minh Chinh's working visit to the United Nations General Assembly High-Level Week, sending a strong message that Vietnam is an active and responsible member of the international community, joining hands with countries around the world to solve global issues, contributing to peace, prosperity and sustainable development.

Second , the Agreement continues to strengthen the legal system based on the 1982 Convention on the Law of the Sea in the management of seas and oceans, aiming at the goal of sustainable development. The Agreement reaffirms the 1982 Convention on the Law of the Sea as the legal framework for all activities at sea. Any maritime claims must not be detrimental to the common interests of the international community, the scope of international waters, where marine living resources belong to all mankind, must be determined through and in accordance with the 1982 Convention on the Law of the Sea.

Third , the Agreement opens up opportunities for Vietnam and other developing countries to participate in scientific research, transfer marine technology, and benefit economically from other countries with greater advantages in financial potential, science and technology, exploiting genetic resources in the high seas and sharing the benefits with us.

This is especially meaningful in the context of the Vietnam Marine Economic Development Strategy to 2030, with a vision to 2045, which identifies “Developing science and technology and training high-quality marine human resources” as one of the breakthroughs and key solutions to realize the goal of “Vietnam becoming a strong maritime nation with sustainable development, prosperity, security and safety; the marine economy makes an important contribution to the national economy, contributing to building our country into a modern industrialized country with a socialist orientation”.

Fourth , the Agreement creates and encourages international cooperation mechanisms and regional maritime cooperation aimed at conserving and sharing benefits from marine genetic resources. These are opportunities for Vietnam to promote cooperation, enhance intertwined interests, and contribute to protecting the homeland early and from afar.

Fifth , Vietnam participated in the negotiation process from the beginning and made substantial contributions to the contents related to capacity building, technology transfer, and the establishment of marine protected areas. This contributes to the realization of the vision of the Vietnam Marine Strategy on "actively and responsibly participating in solving international and regional issues related to the sea and ocean" , implementing the policy of striving to play a "core, leading, and mediating role at multilateral forums of strategic importance to the country" , stated in Directive 25 of the Secretariat on promoting and elevating multilateral diplomacy to 2030.

Dear Minister, could you please tell us what the next steps are after signing the Agreement?

After signing, countries need to carry out ratification and approval procedures to officially become members of the Agreement. The Agreement will enter into force 120 days after 60 countries have joined. Within 1 year from the date of entry into force of the Agreement, the Secretary-General of the United Nations will convene the first meeting of the Conference of Parties to this Agreement.

The first meeting of the Conference of the Parties to the Agreement will discuss and decide on many important matters, including negotiations, approval of the operating procedures of the Conference of the Parties itself, as well as other bodies established under the Agreement, deciding on the annual contribution rate of developed countries to the Agreement's special fund, and arranging for funding, etc.

The United Nations member states participating in the Intergovernmental Conference will have to closely follow this process if they want to implement and protect the achievements made in the negotiations. To closely follow the process and contribute to the full and effective implementation of the Agreement, the first thing to do is to promptly ratify the Agreement.

Directive 25 of the Secretariat on Promoting and Strengthening Multilateral Foreign Relations to 2030 emphasizes the requirement to “Proactively participate in and actively contribute to building and shaping multilateral institutions and a transparent, fair, democratic and sustainable international economic and political order; at the same time, exploit and maximize the benefits that multilateral cooperation brings”. In response to that requirement, the signing of the Agreement is just the starting point, a lot of work is still ahead and requires the active and proactive participation of the Ministry of Foreign Affairs and many related ministries and sectors.

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