Deputy Foreign Minister Ho Xuan Son has stressed the significance of the1982 United Nations Convention on the Law of the Sea (UNCLOS) in anarticle on the occasion of the convention’s 30 th anniversary, whichfalls on Dec. 10.
Vietnam was among 107 countries that signed the convention right onthe day it was opened for signing. “By adopting the 1982 UNCLOS, theSocialist Republic of Vietnam will, together with countries concerned,build an equitable legal order and encourage the global development andcooperation in the sea,” the Vietnamese National Assembly says in itsresolution ratifying the convention on June 23, 1994 .
Deputy Minister Son, who is also Chairman of the Foreign Ministry’sNational Boundary Commission, affirmed that the convention’s membershipis of great significance to Vietnam, as it is an international legalfoundation recognizing that the country is entitled to 12 nautical milesof territorial waters, an exclusive economic zone 200 nautical mileswide and a continental shelf of at least 200 nautical miles which can beextended to 350 nautical miles as measured from the baseline.
The document also serves as the international legal foundation for thedemarcation of overlapping sea areas between Vietnam and other EastSea countries, contributing to creating an environment ofstability, peace, cooperation and development in the region. Based onthe Convention, Vietnam conducted negotiations and demarcated maritimeboundary with Thailand in 1997, delimited the boundary in territorialwaters, exclusive economic zones and continental shelves in the Gulfof Tonkin with China in 2000 and demarcated the boundary on thecontinental shelf with Indonesia in 2003.
Eighteen years after ratifying the convention, the Vietnameselegislature, 13 th tenure, passed the Law of the Sea of Vietnamat its third session on June 21, 2012 . For the first time in history,Vietnam ’s Law of the Sea has fully stipulated the legal status of seasand islands belonging to Vietnam ’s sovereignty, sovereignty rightand jurisdiction in line with the contents of UNCLOS 1982.
The Law of the Sea of Vietnam provides an important foundationfor the uniform management, use, protection and development of themarine-based economy.
The adoption of the law hasshown to the world that Vietnam is a responsible member of theinternational community, always abides by and respects internationallaw. It also demonstrates the Vietnamese State ’s determination instriving for peace, stability, cooperation and development in the regionand the world.
Amid the complicated changes in theEast Sea in recent years, the Vietnamese Party and State follow thepolicy of respecting and abiding to the Convention, using it to settledisputes in the East Sea by peaceful means on the basis ofrespecting independence, sovereignty and territorial integrity as wellas interests of related nations.
While seeking abasic long-term solution to the East Sea issue, concerned partiesneed to restrain themselves and refrain from any move that can furthercomplicate the issue, in line with the Convention’s stipulation.
Deputy Minister Son reiterated that Vietnam pursues a consistentforeign policy of independence, self-control, diversification andmultilateralisation of relations, defending sovereignty over seas andislands by collective power and persistently trying to settle the EastSea dispute and emerging issues at sea by peaceful means in linewith international law, especially the 1982 UNCLOS.
Vietnam has been and is demonstrating that it is a responsiblemember of the Convention, while actively applying the document toestablish an equitable legal order to ensure legitimate rights andinterests of countries, he said.
The UNCLOS markedthe success of the third UN Conference on the Law of the Sea inMontego Bay , Jamaica , 30 years ago.
Come intoforce since November 16, 1994 , the Convention is a massivemultilateral document with 320 articles and 9 annexes. It has by farbecome one of the most important and popular international treaties inthe 20 th century with 164 member nations.
The Conventioncovers all issues related to territorial waters of coastal countries aswell as the use and exploitation of international waters and ocean beds.
Major features included in the document are legalstatus of waters belonging to national sovereignty, sovereignty rightsand jurisdiction rights, including internal and territorial waters,contiguous zones, exclusive economic zone and continental shelf.
It also details legal regime of international waters and ocean beds –common heritage of the mankind, the use and management of marineresources both living and non-living resources, the protection of marineenvironment, marine scientific research, security and order, thesettlement of disputes, international cooperation, and workingregulations of the International Seabed Authority, the Commission on theLimits of the Continental Shelf, the International Tribunal for the Lawof the Sea and the Meetings of State Parties.
Referred to as a Constitution for the Oceans, regulations of theConvention are outcomes of cooperation, struggle, compromise andconstruction throughout many years between countries all over the worldwith different socio-economic regimes, economic backgrounds and legalperspectives.-VNA