Challenges and prospects for implementing UNCLOS 1982

On November 15, the University of Economics and Law (VNU-HCM) in collaboration with the Ho Chi Minh City Law Newspaper organized the national scientific conference '30 years of the United Nations Convention on the Law of the Sea coming into force: From Vietnam's commitment to action'.

Speaking at the opening of the workshop, Associate Professor Dr. Hoang Cong Gia Khanh, Principal of the University of Economics and Law, said that on November 16, 1994, the 1982 United Nations Convention on the Law of the Sea (UNCLOS) officially came into effect after being ratified by the 60th country.

According to Mr. Khanh, UNCLOS 1982 comprehensively regulates international legal issues on seas and oceans, and is an important international legal basis for countries to establish and exercise sovereignty, the right to exercise sovereignty, jurisdiction as well as other rights, obligations and freedoms in the process of managing, exploiting and using seas and oceans for the purpose of peace, sustainable development and prosperity of countries.

Associate Professor Dr. Hoang Cong Gia Khanh, Principal of University of Economics and Law, delivered the opening speech at the conference.

Speaking at the workshop, Mr. Mai Ngoc Phuoc, Vice President of the Ho Chi Minh City Journalists Association, Editor-in-Chief of the Ho Chi Minh City Law Newspaper, said that UNCLOS 1982 is considered a "constitution for the seas and oceans", a massive multilateral international document. This convention represents a global compromise, containing comprehensive content covering all the most important legal issues related to the seas and oceans, including the seabed and subsoil, bringing benefits not only to coastal countries but also to landlocked countries, developed countries as well as developing countries.

Many new challenges

Associate Professor Dr. Hoang Cong Gia Khanh stated that over the past 30 years, humanity has witnessed many changes, especially technological breakthroughs in the fields of maritime and aviation, the need to exploit, process and use marine and ocean resources. In addition, countries have also faced and been deeply affected by major geopolitical changes, climate change and the constant shift of international trade.

The above practices have put pressure on UNCLOS 1982 with challenges requiring changes and adjustments to promote universal legal values ​​in the future.

Associate Professor, Dr. Hoang Cong Gia Khanh

Sharing the same view, Mr. Mai Ngoc Phuoc also pointed out that marine pollution, overexploitation of marine resources, the development of new marine technology, types of maritime crimes, escalating regional tensions, global hotspots and unilateral actions of countries that threaten maritime safety and security... are challenges that UNCLOS 1982 must face.

Mr. Mai Ngoc Phuoc, Editor-in-Chief of Ho Chi Minh City Law Newspaper, spoke at the workshop.

Mr. Phuoc acknowledged that Vietnam is a coastal country located in the East Sea region, with sovereignty, sovereign rights and jurisdiction over the Hoang Sa and Truong Sa archipelagos. According to Mr. Phuoc, the East Sea is considered one of the busiest and most potential seas in the world, but at the same time it is also an area with long-standing disputes. "Therefore, besides advantages, Vietnam also faces many difficulties and challenges," Mr. Phuoc acknowledged.

According to Mr. Phuoc, our Party and State have been resolutely and persistently fighting to protect the nation's sovereignty and legitimate and legal interests at sea, while proactively and actively resolving and handling disputes and disagreements in the East Sea by peaceful measures on the basis of international law, especially UNCLOS 1982.

Delegates attending the workshop

Regarding the issue of marine resource management, Associate Professor, Dr. Vu Thanh Ca, former Director of the Department of International Cooperation and Science and Technology, Vietnam General Department of Seas and Islands, acknowledged that there are still many challenges in implementing the provisions of UNCLOS 1982 on sustainable exploitation and use of resources, environmental protection, ecosystems, biodiversity, marine aquatic resources, coastal areas and islands.

Mr. Vu Thanh Ca said that the above barriers can only be overcome with the political determination of the country's leaders as well as leaders of ministries, branches, localities, government officials, and people participating in activities of managing, exploiting, and using marine resources and environment, coastal areas, and islands.

Associate Professor, Dr. Vu Thanh Ca, former Director of the Department of International Cooperation and Science and Technology, Vietnam Administration of Seas and Islands, spoke at the workshop.

Implementation prospects

Prof. Dr. Nguyen Hong Thao, a member of the United Nations International Law Commission, assessed that UNCLOS 1982 has many progressive points. First of all, UNCLOS 1982 has overcome the weaknesses of the Convention on the Law of the Sea adopted in Geneva in 1958, thereby establishing a new, fairer legal order as well as solving problems in a comprehensive and non-fragmented manner.

UNCLOS 1982 helps to extend the rights of coastal states beyond the maritime zones under national jurisdiction and provides equitable principles for resolving maritime delimitation issues and establishing a new effective mechanism for resolving maritime disputes. Currently, UNCLOS 1982 is a source of inspiration for coastal states to develop and adopt a series of national maritime legal documents in accordance with the content and spirit of the Convention.

Prof. Dr. Nguyen Hong Thao presented the paper "UNCLOS and Vietnam - a country with three parts sea and one part land"

Prof. Dr. Nguyen Hong Thao assessed that UNCLOS 1982 has allowed coastal countries to legally advance to the sea and Vietnam has seized that opportunity in the earliest and most effective way. Accordingly, Vietnam was the first country in Southeast Asia to issue a Declaration of the Government of the Socialist Republic of Vietnam on May 12, 1977 on the establishment of a 200-nautical mile exclusive economic zone and continental shelf in the spirit of the Draft Convention.

In addition to the declaration, Vietnam is also one of the leading countries in Southeast Asia in negotiating the delimitation of maritime zones and resolving maritime disputes with the most diverse tools. Vietnam also contributes to the development and implementation of the Declaration on the Conduct of Parties in the East Sea (DOC) and the Code of Conduct of Parties in the East Sea (COC).

Also at the workshop, Associate Professor, Dr. Vu Thanh Ca stated that Vietnam has made efforts and achieved many successes in the comprehensive management of marine and island resources and environment, thereby implementing the provisions of UNCLOS 1982 on the exploitation and sustainable use of resources, environmental protection, ecosystems, biodiversity, marine aquatic resources, coastal areas and islands.

Prof. Dr. Nguyen Hong Thao, Assoc. Prof. Dr. Le Vu Nam and Dr. Nguyen Toan Thang (from right to left) were the moderators of the discussion at the workshop.

Answering the question "apart from diplomacy, what other peaceful measures will Vietnam use to resolve disputes in the process of exploiting and managing the sea", Dr. Nguyen Toan Thang - Hanoi Law University said: "Resolving disputes according to legal mechanisms, regulations in international documents and treaties - especially UNCLOS 1982, asking for consultation, mediation are all completely appropriate peaceful measures that countries can use. However, each measure will depend on the context and effectiveness to ensure the interests of the country, the nation as well as achieve the set goals".

Colonel Nguyen Minh Khanh, Deputy Commander - Chief of Staff, Command of Region 3 of the Vietnam Coast Guard, said: "The practical situation is very complicated, so there needs to be flexible and smooth coordination between fishermen and functional forces."

Source: https://thanhnien.vn/thach-thuc-va-trien-vong-thuc-thi-unclos-1982-185241115125810626.htm