Do Viet Cuong, LL.D.; Pham Chi Dung[1]
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| An Bang island, part of the Spratly archipelago__Photo: Hong Dat/VNA |
The 1982 United Nations Convention on the Law of the Sea (UNCLOS) has been deemed one of the most significant international legal instruments of our time, fundamentally contributing to the maintenance of global peace and security, as well as to the conservation and sustainable use of the oceans. The year 2024 marks the 30th anniversary of the Convention’s entry into force. Thanks to the Convention, Vietnam has been able to determine, enforce and manage its waters, rights and interests at sea and define its territory in line with international law, which are recognized by the vast majority of States. It has laid a foundation for the Vietnamese Party and State to affirm the importance of marine economy as well as the determination to turn Vietnam into a strong, prosperous sea-based country.
UNCLOS: an overarching constitution to govern the most significant of our global commons
Officially coming into force on November 16, 1994, UNCLOS was a truly unprecedented instrument, governing vast spatial areas and a multitude of ocean-related activities in a comprehensive manner. It ushered in a transformation in the law of the sea, providing us with legal certainty, including through the establishment of clear maritime zones, rules for boundary delimitation and a comprehensive dispute settlement system, in order to ensure the peaceful use of the oceans. In addition, through its provisions dedicated to the conservation and management of living and non-living resources, the protection and preservation of the marine environment and the establishment of a regime for the exploration and exploitation of the deep seabed as the common heritage of humankind, UNCLOS has promoted the equitable, sustainable and efficient utilization of the oceans. In these ways, the Convention reflects sustainable development through its legal, economic, social and environmental provisions.
UNCLOS sets out the legal framework within which all activities in the oceans and seas must be carried out. Indeed, the Convention has been ratified by 168 parties, and many of its provisions are recognized as reflecting customary international law that is binding on all States. Being considered a “constitution of the oceans”, UNCLOS has created a more equal system for all States to access and manage marine resources and enjoy their rights, giving developing countries and coastal States a greater voice in promoting the peaceful and sustainable use of the oceans. Notably, Vietnam has been a staunch supporter of UNCLOS since its inception, and was one of the first countries to approve the Convention. It is necessary to highlight the significance of UNCLOS in creating an environment of peace and stability as well as assisting the long-term development of Vietnam.
Vietnam active in implementing UNCLOS
On June 23, 1994, at its 5th session, the 9th National Assembly of the Socialist Republic of Vietnam adopted a resolution ratifying UNCLOS, making Vietnam the 63rd Member State of the Convention. Point 2 of this Resolution clearly states: “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 legal order that promotes development and cooperation at sea”.
The Resolution affirms Vietnam’s sovereignty over its internal waters, territorial waters as well as its sovereign rights and jurisdiction over the contiguous sea, exclusive economic zone, and continental shelf on the basis of the UNCLOS’ provisions and the rules of international law, demanding other countries respect Vietnam’s rights. The Resolution also affirms Vietnam’s sovereignty over the Hoang Sa (Paracels) and Truong Sa (Spratlys) archipelagos and its policies to settle disputes and other differences related to the East Sea through peaceful negotiations in a spirit of equality, mutual understanding and mutual respect, and respect for international law.
As a demonstration of the goodwill of a signatory to UNCLOS, Vietnam has strived to successfully carry out activities to show its respect for, compliance with, and full implementation of, the Convention. Those have also demonstrated the image of Vietnam in a rising era, being a trustworthy friend and responsible member of the international community.
Firstly, Vietnam has issued policies and improved the national legal system related to seas and islands toward sustainable development, meeting the requirement of protecting sovereignty over seas and islands, and ensuring compliance with international law, including UNCLOS. In 2012, the National Assembly passed the Law of the Sea of Vietnam, an important step to translating the UNCLOS’ provisions into domestic legislation. As the most comprehensive legal document on matters related to Vietnam’s seas, the Law provides a clear definition and legal status of Vietnam’s maritime zones, the enforcement of jurisdiction on the sea, and the development of the marine economy. The Law’s provisions have been basically consistent and compatible with those of UNCLOS. On the basis of UNCLOS and its 2012 Law of the Sea, Vietnam has enacted and revised a raft of specialized laws, including the 1990 Maritime Code, revised in 2005 and 2015; the 1993 Petroleum Law, revised in 2000, 2008 and 2014; the 2020 Law on Environmental Protection; the 2015 Penal Code, revised in 2017; the 2015 Law on Marine and Island Resources and Environment; the 2003 Fisheries Law, revised in 2017; the 2018 Law on Vietnam Coast Guard; and the 2009 Law on Militia and Self-Defense Forces, among others.
Noticeably, the 2017 Fisheries Law represents a significant advancement in protecting and managing fisheries resources, ensuring efficient and sustainable exploitation of national fisheries resources. The law strictly regulates fishing conditions, protection, and development of fisheries resources. Importantly, it addresses measures against illegal, unreported and unregulated (IUU) fishing, facilitating Vietnam’s international cooperation in the fisheries sector. In this regard, Vietnam has closely collaborated with the European Union and other international organizations to improve fisheries management processes and meet export requirements for major markets. This supports sustainable development in Vietnam’s fisheries sector and reinforces the country’s international role in protecting marine resources.
At the same time, UNCLOS has acquainted Vietnam with marine management issues of international concern such as marine biodiversity in areas beyond national jurisdiction, or the combat against global marine plastic litter. Indeed, the Convention has expanded Vietnam’s interests beyond the East Sea. Vietnam actively engaged in negotiations and was one of the first countries to sign the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity in Areas Beyond National Jurisdiction, the most recent international document related to the UNCLOS implementation. In addition, as Vietnam ranks among the countries that generate the most plastic waste and are most affected by sea level rise, it has closely collaborated with countries in the region and in the world to minimize these risks.
Secondly, Vietnam has kept upholding the respect for the rule of law and considering UNCLOS as the legal basis for conducting activities at sea, including the peaceful settlement of maritime disputes with its neighboring countries, toward peaceful and sustainable management of maritime zones, including the East Sea. The Convention has laid the foundation for resolving maritime disputes from maritime delimitation, fisheries disputes, navigation, marine scientific research, undersea cable and pipeline installation to other sea-related disputes. In reality, over one-third of the 500 overlapping maritime zones worldwide have been resolved so far. In the spirit of complying with UNCLOS’ provisions, Vietnam is the most successful country in the region in terms of addressing maritime disputes with the most diverse methods.
It can be observed that Vietnam creatively applied the principle of fairness in delimiting the exclusive economic zone and continental shelf with Thailand in 1997, the Gulf of Tonkin with China in 2000, and the continental shelf with Indonesia in 2003. It also applied the mode of win-win cooperation and joint fishing with China in the Gulf of Tonkin in 2004, with Malaysia in 1995, and with Cambodia in 1982. The country is continuing negotiations to resolve maritime delimitation outside the Gulf of Tonkin, and on the delimitation of an exclusive economic zone with Indonesia. Indeed, Vietnam has made great efforts to apply UNCLOS in the delimitation of marine boundaries with its neighboring countries.
UNCLOS, for the first time, has defined the scope and legal status of maritime zones, empowering nations to exercise their rights and conduct activities at sea in accordance with international law, as well as established a dispute settlement system. In this respect, Vietnam has lent its support to the jurisdiction of the Arbitral Tribunal established under Annex VII to the UNCLOS in the Philippines’ case against China in the South China Sea (known as East Sea in Vietnam) in 2016 and demonstrated its willingness to take all peaceful measures to resolve maritime disputes in the East Sea with neighboring countries. The provisions and spirit of the Convention are also clearly demonstrated in the formulation and implementation of the Declaration on the Conduct of the Parties in the South China Sea and in the negotiation process of the Code of Conduct of the Parties in the South China Sea.
Thirdly, Vietnam has actively participated in and made substantial contributions to forums on the law of the seas and oceans such as the Meeting of States Parties to UNCLOS and the UN Ocean Conference, and continued to contribute to issues of concern to the international community, including climate change, conservation and sustainable use of resources and marine biodiversity in the oceans. In June 2021, Vietnam, alongside 11 co-founding nations, initiated the establishment of the UNCLOS Group of Friends, creating a forum for countries to share experiences on the application and interpretation of the Convention in the management and use of the seas, seek opportunities for cooperation, and step up the delivery of UNCLOS commitments. The group comprises nearly 120 countries as its members, including developed, developing and small island countries. In October 2022, Vietnam and 15 other countries introduced an initiative to seek advice from the International Court of Justice to clarify the responsibilities and obligations of countries for climate change on the basis of treaties, including UNCLOS. The move aims to fight climate change via the sustainable use and management of seas and oceans.
Notably, Vietnam has also engaged in processes and mechanisms established under UNCLOS through the nomination of experienced and qualified experts to the bodies established under UNCLOS. In August 2022, Vietnam’s representative was elected to the Legal-Technical Commission of the International Seabed Authority, marking the first time a Vietnamese marine scientist has joined a UNCLOS agency. Most recently, in June 2024, Vietnam nominated a candidate for the position of judge at the International Tribunal for the Law of the Sea for the 2026-35 term.
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| Hon Thom fishing village, a well-known tourist attraction in Phu Quoc island district, Kien Giang province__Photo: Duong Giang/VNA |
UNCLOS signifies Vietnam’s maritime strategy and blue economy
As a comprehensive legal framework consisting of 320 articles divided into 17 parts and nine annexes, UNCLOS governs all activities on the seas and oceans that cover over 70 percent of the Earth’s surface. Referred to as the “constitution of the oceans”, the Convention lays the groundwork for nations to collaborate on ocean governance in a sustainable and orderly manner.
It is essential to emphasize that the Convention has driven Vietnam to accede to various international conventions on maritime and marine management. On April 27, 2006, Vietnam ratified the Agreement relating to the implementation of Part XI of UNCLOS, and on December 18, 2018, it became the 90th country to ratify the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of December 10, 1982, relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks. The country has also signed a total of 11 conventions of the International Maritime Organization, including the Convention for the Safety of Life at Sea, the Convention for the Prevention of Pollution from Ships, the Convention on Civil Liability for Oil Pollution Damage, the Convention on Facilitation of Maritime Traffic, and the Convention on Maritime Search and Rescue.
It is also highlighted that UNCLOS provides the basis for Vietnam to develop its own maritime strategy. As the country with a coastline of more than 3,260 kilometers and thousands of islands, including the Hoang Sa and Truong Sa archipelagos, since 1976, the fourth National Party Congress of Vietnam has mentioned the maritime economy as a new economy. Further, the sixth National Party Congress identified development of the marine economy as a spearhead industry of the country: “To step by step comprehensively tap the huge potential of the marine economy, develop the economy on the islands, dominate the territorial sea and the continental shelf, and exercise sovereignty over the exclusive economic zone”. On February 9, 2007, the fourth Plenum of the 10th Party Central Committee adopted Resolution 09-NQ/TW on Vietnam’s Maritime Strategy up to 2020 with the overall goal of striving to turn Vietnam into a powerful and prosperous marine country, firmly ensuring national sovereignty and sovereign rights on the seas and islands, and making important contributions to the cause of industrialization and modernization.
After more than 10 years’ implementation of the Strategy, on October 22, 2018, the eighth Plenum of the 12th Party Central Committee adopted Resolution 36-NQ/TW on the Strategy for sustainable development of Vietnam’s marine economy up to 2030, with a vision toward 2045. The 2030-45 Strategy sets out the goals of “turning Vietnam into a powerful marine nation; basically achieving the criteria of a sustainably developed marine economy; forming a marine ecological culture; proactively adapting to climate change and sea level rise; precluding the pollution and degradation of the marine environment, coastal erosion and seawater intrusion; and restoring and conserving critical marine ecosystems”. It also states that new, advanced and modern scientific achievements play a direct role in promoting sustainable maritime economy. The specific objectives of the Strategy are to achieve marine and ocean governance and coastal zone management indicators according to international standards, reaching the level of upper-middle income countries in the world. With such a strategy, Vietnam has entered into a period of sustainable use and proper protection of marine resources and environment. Indeed, the blue economy is the central point to enable Vietnam achieve its Sustainable Development Goals by 2030 with a vision toward 2045, with the environment being one of the pillars of sustainable development.
The sea and coastal areas of Vietnam account for approximately 48 percent of the country’s GDP. The development of Vietnam’s blue economy is a relatively new concept but is necessary to address the environmental issues, its carbon footprint, and the exploitation of natural resources along its coastlines. According to the aforementioned Resolution 36-NQ/TW, by 2030, the marine economic sector will be developed in the following order of priority: marine tourism and services; maritime economy; exploitation of petroleum and other marine minerals; marine resource farming and exploitation; coastal industries; renewable energy and new marine economic sectors. It can be seen that resource-intensive economic sectors have been given lower priority and replaced by natural resource-efficient ones such as tourism and the maritime industry. The highlight of the Strategy is the inclusion of marine resource farming besides exploitation. In addition, it lists the renewable energy industry and new marine economic sectors, such as wind power, sea solar power, tidal power, and exploitation of marine biodiversity resources (marine pharmaceuticals, seaweed growth, and processing).
This is the first time that Vietnam has developed robust plans related to the blue economy to sustainably develop the marine economy in line with international standards, which shows the country’s goal toward a more sustainable marine industry. As Vietnam aims to reach net-zero emissions status by 2050, sustainable development will be the main theme that covers all economic sectors in Vietnam, including the marine economy. Therefore, with the country’s advantages in natural resources and the Government’s support in policymaking work, the blue economy now emerges as another potential opportunity for investors.
Conclusion
Thirty years since its entry into force, UNCLOS remains fully valid and continues to affirm its essential role in maintaining the legal order on the seas and oceans. With the multiple threats facing our oceans due to climate change, overexploitation, biodiversity loss and pollution, UNCLOS will remain a steadfast guide in the transition to a more sustainable future. It will continue to provide a secure basis for the ocean to support human lives and livelihoods and the vast ecosystems on which all life on Earth depends, as well as the framework for further action necessary to address major global challenges and emerging issues.
To comply with UNCLOS, Vietnam has refined its legal system on the seas and oceans, enacting strategies, policies and plans to ensure the effective and sustainable use of its marine resources. Vietnam’s commitment to UNCLOS is evident in its success in settling maritime boundary issues with its neighboring countries, including Thailand, China and Indonesia. In addition, Vietnam has actively joined activities within the framework of international mechanisms established under the Convention and presented numerous initiatives welcomed by the international community, thereby gradually elevating the country’s role on the global stage.-
[1] University of Law, Vietnam National University, Hanoi.
