Exploring new frontiers of international waters

The 13th Ocean Dialogue aims to raise public awareness of existing frameworks and new regulations on the management of international waters beyond national jurisdiction.

Dr. Nguyen Hung Son, Deputy Director of the Diplomatic Academy, delivered the opening speech at the 13th Ocean Dialogue. (Photo: Pham Hang)

On November 14, in Can Tho City, the Diplomatic Academy in collaboration with the Konrad-Adenauer-Stiftung in Vietnam (KAS) organized the 13th Ocean Dialogue with the theme "Exploring new frontiers of international waters". The event was attended by many domestic and international experts, scholars, and jurists, both in person and online.

In his opening speech at the Dialogue, Dr. Nguyen Hung Son, Deputy Director of the Diplomatic Academy, reviewed the negotiation process to adopt the Agreement within the framework of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (BBNJ).

Dr. Nguyen Hung Son emphasized that the BBNJ is a new milestone in international law, an important victory for multilateralism. In September 2023, the draft agreement was opened for signature with the goal of coming into effect as soon as possible. Vietnam is one of the first countries to sign the BBNJ and highly appreciates the importance of this Agreement.

2024 marks the 30th anniversary of the official entry into force of UNCLOS; UNCLOS is recognized as the “Constitution of the seas and oceans”. In addition to setting out the legal regime for maritime areas under national jurisdiction, UNCLOS also establishes the legal framework for maritime areas beyond national jurisdiction, such as the High Seas with the principle of “freedom of the seas” and the Area with the principle of “common heritage of mankind”.

Dr. Nguyen Hung Son affirmed that after 30 years, UNCLOS is still a "light" for activities at sea and in the ocean.

“I hope the 13th Ocean Dialogue will help stakeholders understand more about BBNJ and find common understanding among scientists and lawyers so that Southeast Asian countries can prepare for the preparation and implementation of BBNJ, and make new recommendations to promote cooperation,” said Dr. Nguyen Hung Son.

In that context, the 13th Ocean Dialogue aims to: (i) Raise public awareness of existing frameworks and emerging regulations on the management of international waters beyond national jurisdiction; (ii) assess opportunities and challenges related to cooperation in exploration and conservation in international waters; and (iii) propose legal and policy recommendations for countries to promote the potential for cooperation in international waters.

KAS Representative in Vietnam Florian Feyerabend delivered the opening speech at the Dialogue. (Photo: Pham Hang)

Speaking at the opening ceremony, KAS Chief Representative Florian Feyerabend affirmed the importance of the 13th Ocean Dialogue and hoped that this would be a forum for delegates to discuss in-depth deep-sea exploitation, governance of areas beyond national jurisdiction, and development of platforms to promote cooperation and build policies in the future.

This Ocean Dialogue includes four discussion sessions with diverse topics. The BBNJ Agreement: Key Contents and Prospects (Session I) will focus on discussing and clarifying the basic contents of the BBNJ Agreement; at the same time, discussing how this Agreement is applied in accordance with other existing legal instruments.

After nearly two decades of discussion and negotiation, the newly adopted BBNJ Agreement has become the third implementing agreement under UNCLOS. The Agreement regulates important groups of issues related to the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction, such as: marine genetic resources; area management tools (ABMT), including marine protected areas (MPA); environmental impact assessment; capacity building and technology transfer; and the operation of agencies and institutions.

“New Perspectives on Deep Seabed Regulations” was the theme of the second session, during which speakers discussed the importance of deep seabed mining activities, the current legal frameworks and the process of formulating rules governing such activities. Delegates also discussed issues such as what challenges or obstacles will the new mining code bring? What is the relationship between this code, UNCLOS and the new BBNJ Agreement? How to balance the different goals of economic growth, environmental protection and social security? How to harmonize the differences between stakeholders (governments, industries, environmental groups, etc.)?

The 13th Ocean Dialogue includes four in-depth discussion sessions. (Photo: Pham Hang)

In the discussion session on opportunities and challenges in cooperation in international waters (session 3), delegates discussed and assessed the opportunities and challenges in cooperation in international waters (High Seas and Regions), especially in the context of the BBNJ Agreement being opened for signing and the "exploitation code" being negotiated.

Revolving around the theme of “exploitation and conservation in international waters, recommendations and policies”, the final session of this Ocean Dialogue focused on discussing and making legal and policy recommendations to promote cooperation in exploration, exploitation and conservation in international waters.

In addition, the speakers assessed the factors to ensure the BBNJ Agreement is effective and implemented effectively, as well as the factors that will help reach consensus on a new mining code in the future.

In addition, the Discussion Session also focused on the issues of: (i) how to involve multiple stakeholders and third parties; (ii) how to promote the role of international organizations or specialized agencies at the global and regional levels; (iii) how to enhance opportunities for both developed and developing countries; (iv) how to peacefully resolve potential disputes; and (v) how to address other cross-cutting issues in this area.

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Source: https://baoquocte.vn/doi-thoai-bien-lan-thu-13-kham-pha-ranh-gioi-moi-cua-vung-bien-quoc-te-293651.html