UNCLOS 1982: A Comprehensive Legal Framework for the Seas, Enduring Through 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 marking the 31st year since UNCLOS came into effect. Dr. Lan Anh highlighted the importance of UNCLOS in promoting peace and stability in maritime and oceanic affairs.

According to her, UNCLOS stands as a pivotal international treaty, given that its primary scope covers the governance of seas and oceans, which constitute nearly 70% of the Earth's surface. Every provision within the Convention is meticulously crafted to promote the peaceful and sustainable management of marine spaces.

Therefore, if all parties adhere to the provisions of UNCLOS in establishing an order regarding the rights and obligations of the parties, the Convention will indirectly create a rule-based order at sea. As a result, the rights and interests of the parties will be harmonized, ensuring that they align with both the peaceful use of the seas and the pursuit of sustainable governance objectives for the future.

UNCLOS is a relatively comprehensive treaty with over 300 articles. It took a long time, more than 11 years, for the parties to negotiate and reach an agreement on UNCLOS. Some opinions criticize the provisions of UNCLOS for being too vague or even outdated, as it was finalized in 1982.

However, in reality, it is very difficult to have a broader treaty that attracts more participants. Or, even if UNCLOS were to be renegotiated using a new approach, it is uncertain whether it would result in more detailed provisions.

The provisions of UNCLOS not only serve as a legal framework but also remain "alive" over time. Within UNCLOS, there are regulations that allow the Convention to expand its interpretation to include related treaties, as long as the objectives align with the peaceful and sustainable use of the seas. As long as international law is interpreted consistently, without contradictions or opposition, UNCLOS maintains its value even after 31 years.

UNCLOS is often referred to as the "Constitution of the Oceans," helping the parties harmonize and reconcile their interests, while achieving common benefits globally.

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To address doubts about UNCLOS, countries are currently making great efforts to promote the "extended arms" of UNCLOS, including the Agreement on the Conservation and Sustainable Use of Marine Biodiversity in Areas Beyond National Jurisdiction (BBNJ), which has been actively participated in by many countries. Dr. Lan Anh expressed her appreciation on the continued efforts of UNCLOS member states to advance the important mission of the Convention.

BBNJ is an implementation agreement of UNCLOS. This is not the first time UNCLOS has had an implementation agreement. In 1994, UNCLOS had an implementation agreement regarding the international seabed area. In 1995, countries signed an implementation agreement of UNCLOS related to migratory fish stocks.

Last year, countries signed the BBNJ Agreement to regulate areas beyond national jurisdiction with the goal of protecting biodiversity in those areas. Once again, it is clear that BBNJ will help UNCLOS remain a "living document."

This is because whenever UNCLOS member states feel there is a gap or an opportunity to further improve the legal framework of UNCLOS, they can continue to come together, negotiate, and sign implementation agreements.

The overarching goal of BBNJ is to complement UNCLOS in protecting marine biodiversity. Marine genetic resources and the diversity of marine life in areas beyond national jurisdiction have become increasingly important in today’s context of scientific and technological advancement.

Marine genetic resources not only play a key role in preserving biodiversity but also contribute to various sectors, including cosmetics and healthcare. How can these genetic resources be used sustainably? How can the benefits of these resources be equitably shared among countries and preserved for future generations? This is the mission of BBNJ.

Therefore, UNCLOS has hope that BBNJ is not the final document, but rather an "extended arm," an implementation agreement. There will likely be new implementation agreements in the future if countries feel the need to further expand the legal framework to improve UNCLOS.

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

Vietnam has been an early supporter of UNCLOS, having ratified the treaty before it came into effect in 1994. Dr. Lan Anh emphasized Vietnam's efforts in maintaining the vitality of UNCLOS over the past 30 years?

Vietnam is one of the founding members of UNCLOS, participating in the negotiations of the Convention since 1977, and was one of the member countries that ratified the Convention before it came into force in 1994. Over the past 31 years of implementation, Vietnam has always adhered to and fully implemented UNCLOS in good faith. In fact, Vietnam has enacted legal documents to internalize its obligations and commitments to UNCLOS. Vietnam's maritime claims have also been formulated in accordance with UNCLOS.

At the same time, Vietnam has been, is, and will continue to make efforts to resolve maritime disputes based on the provisions of UNCLOS. To date, Vietnam is proud to have, based on the regulations of UNCLOS, successfully demarcated maritime boundaries with China in the Gulf of Tonkin, and with Thailand and Indonesia; Vietnam has cooperated with Malaysia to establish a joint oil and gas exploration area and has made joint submissions regarding the extended continental shelf to the United Nations Commission on the Limits of the Continental Shelf.

All of these achievements have been made based on the commitment of Vietnam as a member of UNCLOS, always adhering to its commitments in good faith, effectively, and actively within the framework of UNCLOS.

Vietnam was among the founding members of UNCLOS, actively participating in negotiations as early as 1977. It was also one of the first countries to ratify the Convention before it officially entered into force in 1994.

Over the past 31 years of implementation, Vietnam has consistently upheld and faithfully adhered to UNCLOS. In practice, the country has enacted legal instruments to incorporate its obligations and commitments under UNCLOS into domestic law. Vietnam’s maritime claims have also been formulated in strict accordance with the provisions of the Convention.

At the same time, Vietnam has been making continuous efforts to resolve maritime disputes based on UNCLOS regulations. Notably, Vietnam has successfully concluded maritime delimitation agreements with China in the Gulf of Tonkin, as well as with Thailand and Indonesia. Furthermore, Vietnam has engaged in cooperation with Malaysia on a joint oil and gas exploration zone and has made joint submissions on extended continental shelf claims to the United Nations Commission on the Limits of the Continental Shelf.

These achievements are a testament to Vietnam’s commitment as an UNCLOS member, demonstrating its goodwill, effectiveness, and proactive approach in fulfilling all obligations under the Convention.

Vietnam is an active and proactive member of ASEAN. Currently, ASEAN is making significant efforts to promote UNCLOS. Dr. Lan Anh underscored the significance of this collective voice in upholding the Convention’s mission,

It can be said that ASEAN is a very progressive region within the global context. 9 out of 10 ASEAN countries are members of UNCLOS, with only one country not yet a member. However, I understand that this country is also actively considering joining UNCLOS.

In fact, the disputes that have arisen and the overlapping maritime areas between ASEAN countries have been and are being addressed based on the framework of UNCLOS. ASEAN countries are also very proactive in using dispute resolution mechanisms within the framework of UNCLOS to address their differences.

Within the framework of UNCLOS, there are very important provisions for ASEAN, such as the framework for cooperation in semi-enclosed seas. The East Sea (internationally known as the South China Sea) is also considered one of these semi-enclosed seas. Currently, ASEAN members are committed to working together to fulfill the cooperation obligations outlined by UNCLOS.

Not only in the areas of marine environmental protection and marine scientific research, but ASEAN members are also committed to actively promoting activities such as the development of a sustainable blue economy.

Most recently, in December 2023, ASEAN Foreign Ministers issued the ASEAN Foreign Ministers' Statement on Maintaining and Promoting Maritime Stability in Southeast Asia. This is an extremely important move, as it demonstrates 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 recognize the role of the sea in connectivity, economic development, and promoting sustainable development.

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