UNCLOS 1982: Solid Legal Foundation for Vietnam to Protect National Interests

17/10/2022| 10:01

On the 40th anniversary of the adoption of the United Nations Convention on the Law of the Sea (UNCLOS) 1982 and the 10th anniversary of the Law of the Sea of Vietnam, Nguyen Manh Dong, vice chairman of the National Boundary Commission shared about UNCLOS.

Vietnam's participation and contribution to the process of formulating and ratifying the United Nations Convention on the Law of the Sea 1982 (UNCLOS)

For a long time, the international community has wanted and made efforts to build a legal order at sea, in which the exploitation and use of the sea, the legal status of the seas, and the rights of all nations to the sea and oceans are clearly regulated. This desire and effort have been realized through several international conferences on the Law of the Sea within the framework of the League of Nations and the United Nations. These include The Hague Conference for the Codification of International Law (1930) in the Netherlands. At this Conference, the Law of the Sea, more specifically the issue of the legal status of the territorial sea, was one of the three main topics discussed by the participating countries.

However, the Conference could not reach a consensus on the issue of the breadth of the territorial sea because the views of the participating countries were too different.

Nguyen Manh Dong, vice chairman of the National Boundary Commission, Ministry of Foreign Affairs during his business trip to attend the Conference on UNCLOS 1982 taking place from June 13-17, 2022 in New York, USA. Photo: National Boundary Commission

The first United Nations Conference on the Law of the Sea was held in Geneva in 1958. The biggest achievement of the Conference was the adoption of the first four Conventions on the Law of the Sea, creating a legal basis for the regulation of activities related to the seas and oceans, which are: the Convention on the Territorial Sea and the Contiguous Zone; Convention on the Continental Shelf; Convention on the High Seas; and Convention on Fishing and Conservation of the Living Resources of the High Seas.

The Conference also adopted the Optional Protocol of Signature regarding the Compulsory Settlement of Disputes; The Second UN Conference on the Law of the Sea 1960. However, this Conference did not achieve any concrete results.

Unlike previous conferences, the Third UN Law of the Sea Conference took place in a new context, where a series of countries in Asia and Africa gained independence, and became members of the international community and the United Nations in the 1960s. Most of these countries have not been able to participate in previous Conferences on the Law of the Sea. Therefore, they want an opportunity to work with the international community to develop a new Convention on the Law of the Sea in which the interests and aspirations of these countries are fully recognized and reflected.

The level of science and technology is also increasingly advanced. Humans not only find seafood sources but also other invaluable resources, especially oil and gas, to meet the needs of development. The Convention on the Law of the Sea - Constitution of the oceans and seas, is the result of the third Conference on the Law of the Sea.

Due to the condition that the country was temporarily divided, we were not able to participate in the preparation process (from 1967-1973) and the first phase of the third Conference on the Law of the Sea (1973-1976). According to the documents of the Legal and Treaty Department - Ministry of Foreign Affairs, we began to participate in the sixth session (1977).

With the efforts of the participating members, the Vietnamese delegation has both learned and grasped the beneficial aspects for each group of countries.

They have both formulated and promoted Vietnam's legal position as a coastal state on a series of issues such as the status of territorial waters and innocent passage, the regulation of baselines, the legal regime of the exclusive economic zone, the freedom of navigation, the outer limits of the continental shelf and marine economic strategy.

The biggest contribution of our delegation was that they joined with other countries to support the principle of fair maritime delimitation, which was later formalized in Articles 74 and 83 of the Convention. They supported the breadth of the territorial sea of 12 nautical miles and the legal regime of the Exclusive Economic Zone. During the session, our delegation repeatedly voiced affirmation of Vietnam's sovereignty over the two archipelagos of Hoang Sa (Paracel) and Truong Sa (Spratly) at the Conference.

The sea is a space where people are responsible for preserving and protecting. Photo: Nguyen Hong

Vietnam's achievements when joining the Convention on the Law of the Sea

Firstly, develop and perfect policies and laws on the sea to serve as the basis for the exercise of sovereignty, sovereign rights, management, and sustainable exploitation and use of the sea. Vietnam promptly proposed to the Government to have the Declaration on the territorial sea, contiguous zone, the exclusive economic zone and the continental shelf of Vietnam (May 12, 1977), Statement on the Territorial Sea Baseline (November 12, 1982). They have laid the foundation for the management and enforcement of our rights and interests at sea.

Vietnam has formed many consistent guidelines and policies on the sea and islands. These include Politburo documents such as Resolution No. 03-NQ/TW in 1993 on a number of tasks for marine economic development, Directive No. 20-CT/TW of 1997 on promoting marine economic development towards industrialization and modernization and Resolution 09-NQ/TW 2007 on Vietnam's marine strategy to 2020.

Second, raise awareness about the role of sea and islands in the cause of national construction and defense, and the sustainable exploitation and use of seas and oceans. During the process of participating in the formulation and implementation of the Convention, the awareness of sectors and levels about the sea has changed markedly.

Third, settle disputes related to maritime delimitation, creating a solid international legal basis for the enforcement of our State's rights in Vietnam's waters. Based on the principles of the Convention, we have successfully resolved the issue of delimitation of the overlapping sea area with Thailand (in 1997), the delimitation of the Gulf of Tonkin with China (2000), the delimitation of the continental shelf with Indonesia (in 2003); joint exploitation with Malaysia (1992).

Vietnam promptly fights against any violations of the country's sovereignty, sovereign rights, and jurisdiction in the South China Sea area. Vietnam raises a common voice on issues of peace, security, and stability in the South China Sea region in regional, multilateral and global mechanisms; participates in the development of international law relating to seas and oceans at regional and global scales.

Fourth, improve the institution of sea and island management through the formation of law enforcement forces at sea, and enhance the roles and responsibilities of the Border Guard and the Navy.

Vietnam combines state management of seas and islands with the development of quality human resources to meet the requirements of managing and protecting sovereignty over sea and islands. Vietnam provides formal training for forces in charge of managing and protecting sea and islands. Many training courses on state management, sea and island, and legal knowledge have also been held in ministries, branches and localities.

Translated by Rosie Nguyen