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UNCLOS 1982 an effective mechanism to address sea disputes: experts

The practical implementation of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) has shown that it is an effective mechanism for the peaceful settlement of disputes at sea, said Vietnamese Ambassador Nguyen Hong Thao, a member of the International Law Commission (ILC) for the 2023-2027 tenure.
UNCLOS 1982 an effective mechanism to address sea disputes: experts ảnh 1Vietnam, in coordination with Greece, Egypt and Senegal, hosts workshop on December 8 on achievements and challenges since the adoption of the UNCLOS 1982 (Photo: VNA)
Hanoi (VNA) – The practical implementation of the 1982 UnitedNations Convention on the Law of the Sea (UNCLOS) has shown that it is an effectivemechanism for the peaceful settlement of disputes at sea, said Vietnamese AmbassadorNguyen Hong Thao, a member of the International Law Commission (ILC) for the2023-2027 tenure.

He stressed that the signing of the convention on December10, 1982, marked the first time a set of rules for sea and ocean activities wasestablished, thus helping build a new legal order at sea.

According to him, the convention best represents thecodification of international custom and the progressive development ofinternational law in the maritime field, and one of its greatest contributions isthe establishment of a new effective mechanism for the settlement of maritimedisputes.

The UNCLOS 1982 has laid the foundation for resolvingmaritime disputes from maritime delimitation, fisheries disputes, navigation,marine scientific research, undersea cable and pipeline installation to othersea-related disputes, Thao said, adding that over one-third of the 500overlapping seas have been resolved so far.      

The ambassador also stated that in the spirit of complyingwith the provisions of the convention, Vietnam is the most successful countryin the region in terms of addressing maritime disputes with the most diversetools. Vietnam creatively applied the principle of fairness in delimiting theexclusive economic zone and continental shelf with Thailand in 1997, the Gulfof Tonkin with China in 2000, delimiting the continental shelf with Indonesiain 2003. It also applied the mode of win-win cooperation and joint exploitationof fisheries with China in the Gulf of Tonkin  in 2004, with Malaysia in 1995, and Cambodiain 1982, and is continuing negotiations to resolve maritime delimitation outsidethe Gulf of Tonkin, and on the delimitation of an exclusive economic zone withIndonesia.

Meanwhile, Veeramalla Anjaiah, a senior journalist andcurrently a senior research fellow at the Centre for Southeast Asian Studies(CSEAS) of Indonesia, said that the UNCLOS, considered the ‘Constitution of theoceans’, has laid down a comprehensive law and order regime in the world'soceans and seas, and established rules for managing all activities of usingoceans and marine resources.

Therefore, the full and effective implementation of theDeclaration on the Conduct of Parties in the East Sea (DOC), as well as the buildingof a Code of Conduct in the East Sea (COC) in accordance with internationallaw, including this convention, is of great significance.

According to him, over the past 40 years, the UNCLOS 1982has proven to be an important document in dealing with all issues related tointernational navigation.

Gregory Poling, Director of the Asia Maritime TransparencyInitiative at the US-based Center for Strategic & International Studies (CSIS),highlighted the important role of this convention for small and developingcountries.

He emphasised that the UNCLOS 1982 creates a more equalsystem for all states to access and manage marine resources and enjoy theirrights. The document has given developing countries and coastal states a greatervoice, at least in the East Sea.

It is the most widely accepted international treaty afterthe United Nations Charter. Therefore, every member of the international systemhas a role to play in shaping this convention, he added./.
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