UNCLOS 1982: A comprehensive maritime legal framework that stands the test of time

The sixth workshop of the ASEAN Regional Forum (ARF) on the application of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and other international legal documents in responding to emerging challenges at sea was organized by the Ministry of Foreign Affairs on March 17 in Hanoi. (Photo: Thanh Long)

In an interview with TG&VN , Associate Professor Dr. Nguyen Thi Lan Anh, Director of the East Sea Institute, Diplomatic Academy, affirmed that it is difficult to have a more extensive treaty that attracts more participants than the United Nations Convention on the Law of the Sea (UNCLOS) (with 169 members). The provisions of UNCLOS both act as a legal framework and still "live" with time.

This year marks the 31st year that UNCLOS has been implemented. How do you assess the importance of UNCLOS in promoting peace and stability at sea and in the oceans in general?

It can be said that UNCLOS is a very important international treaty because the main subject of UNCLOS is the sea and ocean (accounting for 70%) of the Earth's surface. All provisions of the Convention aim at peaceful and sustainable management of the sea.

Therefore, if the parties comply with the provisions of UNCLOS in establishing an order of rights and obligations of the parties, the Convention will indirectly create a law-based order at sea. Thanks to that, the rights and interests of the parties will be harmonized, ensuring that they are consistent with the peaceful use of the sea on the one hand, and sustainable, future-oriented governance on the other hand.

UNCLOS is a fairly comprehensive treaty with more than 300 provisions. It took a very long time, more than 11 years, for the parties to negotiate to reach an agreement and obtain UNCLOS. There are some opinions criticizing the provisions of UNCLOS for not being very specific, or even outdated when completed in 1982.

In the context of the international community facing many non-traditional and unprecedented challenges, UNCLOS still plays the role of the “Constitution of the Ocean” – a comprehensive legal framework, regulating all activities at sea and in the ocean. At the same time, UNCLOS ensures flexibility and adaptability to respond to urgent issues that arise. After a long process of formation and development, UNCLOS has become one of the most important legal documents of the international community. The Convention is the foundation for countries to promote cooperation in the conservation of the marine environment, biodiversity and marine ecosystems. Deputy Foreign Minister Le Anh Tuan spoke at the 6th Workshop of the ASEAN Regional Forum (ARF) on the application of UNCLOS.

But in reality, it is very difficult to have a more extensive treaty that attracts more parties. Currently, UNCLOS has 168 members. Or suppose UNCLOS is renegotiated according to a new formula, it is not certain that it can produce more detailed results.

The provisions of UNCLOS serve as a legal framework while also remaining “alive” over time. UNCLOS contains provisions that allow the Convention to be interpreted broadly to cover treaties, provided that the aims and objectives are consistent with the peaceful and sustainable use of the seas. As long as international law is interpreted consistently, without contradiction or opposition, UNCLOS remains valid after 31 years.

UNCLOS is still considered the "Constitution of the ocean", helping parties harmonize and reconcile their interests and achieve common interests globally.

To answer the doubts about UNCLOS, countries are currently making great efforts to promote the “extensions” of UNCLOS, including the Agreement on the Conservation and Sustainable Use of Biological Diversity in Areas Beyond National Jurisdiction (BBNJ), which countries are actively participating in. What is your opinion on the fact that UNCLOS member states continue to promote the important mission of the Convention?

BBNJ is an implementing agreement of UNCLOS. This is not the first time that UNCLOS has had an implementing agreement. In 1994, UNCLOS had an implementing agreement on the international seabed area. In 1995, countries signed an implementing agreement of UNCLOS related to fish migration.

Last year, countries signed the BBNJ Agreement to regulate areas beyond national jurisdiction with the aim of protecting biodiversity in those areas. Once again, it was seen that the BBNJ will complement UNCLOS as a living document.

Because whenever UNCLOS member states feel that there is still a gap, an opportunity to continue perfecting the legal framework of UNCLOS, they can continue to sit together, negotiate to sign implementation agreements.

The noble goal of BBNJ is to supplement UNCLOS to protect the diversity of marine life. Marine genetic resources and the diversity of marine life in waters beyond national jurisdiction have also become extremely important in the context of today's scientific and technological developments.

Marine genetic resources not only play a role in biodiversity conservation but also contribute to many beauty and health care industries for humans. How can those genetic resources be used sustainably? How can the benefits of those genetic resources be distributed equally among countries and preserved for future generations? That is BBNJ's mission.

As a result, UNCLOS has the hope that the BBNJ will not be the final document, but rather an “extended arm”, an implementing agreement. There will be new implementing agreements in the future if countries feel the need to supplement the legal framework to further complete UNCLOS.

Associate Professor, Dr. Nguyen Thi Lan Anh, Director of the East Sea Institute, Diplomatic Academy.

Vietnam is a country that joined UNCLOS and ratified UNCLOS very early. How do you evaluate Vietnam's efforts in maintaining the vitality of UNCLOS over the past 30 years?

Vietnam is one of the founding members of UNCLOS, participated in the negotiations of the Convention since 1977, and was one of the member countries that ratified the Convention before it came into effect in 1994.

Throughout the 31-year implementation process, Vietnam has always complied with and implemented UNCLOS in good faith and fully. In fact, Vietnam has issued legal documents to internalize Vietnam's obligations and commitments to UNCLOS. Vietnam's maritime claims are also formulated in accordance with UNCLOS.

At the same time, Vietnam has been and will make efforts to resolve maritime disputes based on the provisions of UNCLOS. Up to now, Vietnam is very proud that, based on the provisions of UNCLOS, Vietnam has delimited the sea with China in the Gulf of Tonkin, delimited the sea with Thailand and Indonesia; Vietnam cooperates with Malaysia to have a common oil and gas exploitation area, and has made joint submissions on the extended continental shelf to the United Nations Commission on the Limits of the Continental Shelf.

All of these results were achieved based on the spirit of Vietnam being a member of UNCLOS, always complying in good faith, effectively and actively with all commitments within the framework of UNCLOS.

New Zealand Ambassador to ASEAN Joanna Jane Anderson: Maritime prosperity and security depend on the maintenance of stability and respect for international maritime law as reflected in UNCLOS. New Zealand stands ready to work with countries to reinforce the universality and consistency of UNCLOS.

Vietnam is an active and proactive member of ASEAN. Currently, ASEAN is also making great efforts to promote UNCLOS. In your opinion, how meaningful is such a resonance of voices in maintaining the mission of the Convention?

It can be said that ASEAN is a very progressive region, placed in the context of all countries in the world. 9/10 ASEAN countries are members of UNCLOS, only one country is not currently a member, but I understand that this country is also actively considering joining UNCLOS.

In fact, disputes arising and overlapping maritime zones between ASEAN countries have been and are being resolved based on the UNCLOS framework. ASEAN countries are also very active in using dispute settlement mechanisms within the UNCLOS framework to resolve disagreements with each other.

There are provisions within the framework of UNCLOS that are very important to ASEAN, such as the framework for cooperation in semi-enclosed seas. The South China Sea is also considered one of the semi-enclosed seas. Currently, ASEAN members are committed to jointly implementing the cooperation obligations stipulated in UNCLOS.

Not only cooperating in the field of marine environmental protection and marine scientific research, ASEAN members also commit to actively promoting activities such as developing a blue ocean economy.

Most recently, in December 2023, ASEAN Foreign Ministers jointly issued the ASEAN Foreign Ministers’ Statement on Maintaining and Promoting Maritime Stability in Southeast Asia. This is an extremely important move, on the one hand demonstrating the determination of ASEAN countries to maintain peace and stability in the maritime areas of Southeast Asia. On the other hand, it also shows that ASEAN countries are aware of the role of the sea in connectivity, economic development, as well as promoting sustainable development.