Reviewing the role and implementation of the Convention on the Law of the Sea, orientation to solve emerging issues in sea and ocean governance

On December 10, the Ministry of Foreign Affairs held a ceremony to celebrate the 30th anniversary of the entry into force of the United Nations Convention on the Law of the Sea.

Assistant Minister of Foreign Affairs Nguyen Minh Vu delivered the opening speech at the ceremony to celebrate the 30th anniversary of the entry into force of the United Nations Convention on the Law of the Sea. (Photo: Anh Son)

Attending the Ceremony were more than 100 delegates from the United Nations, foreign representative agencies in Vietnam, central and local ministries/sectors, ambassadors, veteran officials involved in the process of building and implementing the Convention, and many domestic and foreign speakers.

The United Nations Convention on the Law of the Sea (also known as UNCLOS) was adopted on December 10, 1982 and officially came into effect on November 16, 1994. Vietnam was one of the first 107 countries to sign and then ratify the Convention.

In the Resolution ratifying the Convention, the Vietnamese National Assembly affirmed: “By ratifying the 1982 United Nations Convention on the Law of the Sea, the Socialist Republic of Vietnam demonstrates its determination to join the international community in building a fair order and encouraging development and cooperation at sea.”

Speaking at the opening ceremony, Assistant Minister of Foreign Affairs Nguyen Minh Vu once again emphasized the value and role of the Convention as the "Constitution of the Ocean", a comprehensive and complete international legal document, regulating all activities at sea, recognized by the international community.

In particular, the Convention has also laid a solid foundation for determining maritime zones, thereby establishing sovereignty, sovereign rights and jurisdiction over maritime zones, as well as the basis for conducting activities at sea. At the same time, the Convention also provides a relatively comprehensive dispute resolution mechanism to peacefully resolve disputes arising between countries related to the interpretation and application of the Convention.

Over the past 30 years, in the face of emerging issues such as the negative impacts of climate change on the ocean; threats from rising sea levels and coastal erosion to coastal areas and islands; challenges from new marine technology, etc., the Convention remains the most comprehensive and important legal framework, demonstrating flexibility and adaptability to deal with urgent issues of the international community.

As a coastal state and a responsible member of the international community, upholding international law, Vietnam always affirms the importance of the Convention and fully and responsibly complies with and implements the provisions of the Convention.

Reviewing Vietnam's achievements in implementing and enforcing the Convention from 1994 to present, Assistant Minister Nguyen Minh Vu acknowledged that the Convention on the Law of the Sea is the only international treaty specifically mentioned in the Party Congress documents of Vietnam, and is the basis for Vietnam to develop and promulgate the Vietnam Law of the Sea in 2012, along with many documents, strategies, and policies on sustainable development of Vietnam's marine economy, and is also applied to determine maritime zones and maritime boundaries.

Overview of the Ceremony to celebrate the 30th anniversary of the entry into force of the United Nations Convention on the Law of the Sea. (Photo: Anh Son)

Vietnam advocates persistently resolving maritime disputes by peaceful means, in accordance with international law, including the Convention on the Law of the Sea, and has in fact applied the Convention in resolving maritime delimitation issues with neighboring countries.

In addition, Vietnam has participated increasingly proactively, actively and deeply in mechanisms established under the Convention, demonstrating Vietnam's sense of responsibility and respect for the law, which has been recognized and highly appreciated by the international community.

Vietnam has also nominated experienced and highly qualified experts to participate in the agencies established within the framework of UNCLOS, including Associate Professor Dr. Dao Viet Ha being elected to the Legal and Technical Commission, the International Seabed Authority, and nominating candidates for the position of judge of the International Tribunal for the Law of the Sea (ITLOS) for the 2026-2035 term.

Within the framework of the discussion sessions, speakers and delegates looked back at the formation and entry into force of UNCLOS; the values ​​of the Convention over the past 30 years; the practical role of the Convention at present, in the context of many non-traditional challenges to the sea and ocean...

Many maritime and ocean issues of concern such as maritime dispute resolution, maritime law enforcement, marine environmental protection, etc. were presented, discussed and discussed in depth and breadth, attracting the participation of delegates.

Looking back at 30 years of the Convention on the Law of the Sea, Mr. Nguyen Dang Thang, Director of the Department of Law and International Treaties, Ministry of Foreign Affairs, affirmed the comprehensiveness of the Convention and its significance to the international community in general and to Vietnam in particular.

Mr. Nguyen Dang Thang, Director of the Department of Law and International Treaties, Ministry of Foreign Affairs, gave a speech at the Ceremony. (Photo: Anh Son)

Associate Professor, Dr. Trinh Duc Hai, Deputy Head of the National Border Committee, Ministry of Foreign Affairs, once again emphasized the role of the Convention on the Law of the Sea in managing and resolving maritime disputes, as the legal basis for countries to establish maritime zones and the rights to enjoy from those maritime zones.

The Convention also defines the rights and obligations of cooperation and self-restraint of the parties in overlapping maritime areas regarding maritime claims. Most importantly, the Convention creates a compulsory maritime dispute resolution mechanism, leading to binding decisions. Vietnam has applied international law, especially the Convention on the Law of the Sea, in resolving disputes over maritime delimitation and maritime cooperation with neighboring countries, such as China, Thailand, Indonesia, and Malaysia.

Most recently, in July 2024, Vietnam submitted its Extended Continental Shelf Limits beyond 200 nautical miles in the Central South China Sea Area to the United Nations Commission on the Limits of the Continental Shelf (CLCS).

Regarding the dispute settlement mechanism under the Convention on the Law of the Sea, Dr. Ximena Hinrichs - Registrar of the International Tribunal for the Law of the Sea (ITLOS) - and Mr. Neil Nucup - representative of the Permanent Court of Arbitration (PCA) in Vietnam - introduced the dispute settlement mechanisms under the Convention on the Law of the Sea, emphasizing the role of mechanisms such as ITLOS and PCA in settling international disputes, as well as in interpreting and applying the Convention on the Law of the Sea.

The application of the Convention on the Law of the Sea in the context of many changes in security and environment of the seas and oceans is also an issue of concern to delegates. Dr. Vu Hai Dang (East Sea Institute, Diplomatic Academy) commented that the Convention is an important legal foundation, setting out obligations for member states to protect the marine environment comprehensively, in all aspects.

Dr. Pham Thi Gam (Vietnam Administration of Seas and Islands, Ministry of Natural Resources and Environment) provided more information on the issue of protecting the marine environment from land-based pollution sources and the implementation of relevant provisions of the Convention in Vietnam.

Delegates participating in the discussion at Session 1. (Photo: Anh Son)

Assoc. Prof. Dr. Dao Viet Ha - Vietnamese member of the Legal and Technical Committee (ISA), under the Seabed Authority (ISA) - updated on the progress at ISA regarding the development of a set of standards and guidelines for mineral exploitation in the Area and a set of environmental values ​​for seabed mining activities, in which Vietnamese members have actively participated and contributed.

The active and in-depth exchanges and discussions at the Celebration Ceremony showed that, after 30 years, the Convention on the Law of the Sea - one of the greatest achievements of international law in the 20th century - still retains its value and importance in the governance of seas and oceans, especially in responding to current challenges such as climate change, environmental protection, and cooperation for development.

Delegates attending the Ceremony took a souvenir photo. (Photo: Anh Son)

Source: https://baoquocte.vn/nhin-lai-vai-tro-va-thuc-thi-cong-uoc-luat-bien-dinh-huong-giai-quyet-cac-van-de-dang-noi-len-trong-quan-tri-bien-va-dai-duong-296879.html