Principles of delimitation of overlapping maritime zones and continental shelves

(Baonghean.vn) -Question 33. How is the principle of delimitation of overlapping maritime zones and continental shelves stipulated in the 1982 United Nations Convention on the Law of the Sea?

Reply:Article 15, Section 2, Part II of the 1982 United Nations Convention on the Law of the Sea provides for the delimitation of territorial sea boundaries between states with opposite or adjacent coasts:

"When two States have opposite or adjacent coasts, neither of them is entitled to extend its territorial sea beyond the median line every point of which is equidistant from the nearest points on the baselines from which the breadth of the territorial sea of ​​each of them is measured, except by agreement to the contrary...". Or in Article 74, Part V of the Convention stipulates the delimitation of the exclusive economic zone between States with opposite or adjacent coasts: "The delimitation of the exclusive economic zone between opposite or adjacent States shall be effected by agreement in accordance with international law as provided for in Article 38 of the Statute of the International Court of Justice, with a view to achieving an equitable solution"... often referred to as the "principle of equity".

In addition, the 1982 UN Convention on the Law of the Sea also provides for provisional solutions when the parties concerned are negotiating the delimitation of overlapping maritime zones and continental shelves, but have not yet reached a final solution. Article 74, Point 3 and Article 83, Point 3 of the Convention clearly stipulate that, pending the conclusion of an agreement, the States concerned, in a spirit of understanding and cooperation, shall make every effort to enter into provisional arrangements of a practical nature and, during this transitional period, not to jeopardize or hamper the reaching of the final agreement. Provisional arrangements shall be without prejudice to the final delimitation.

In practice, Vietnam has welcomed and proactively proposed such temporary solutions, such as the agreement on joint exploitation cooperation in the 2,800 km area.²between Vietnam and Malaysia, between Vietnam, Thailand and Malaysia, or as in the ongoing negotiations between Vietnam and Indonesia, where Vietnam has proactively proposed joint exploitation cooperation in overlapping areas. In the Gulf of Tonkin, despite clear demarcation, Vietnam is still willing to sign a joint fishing agreement with China to create conditions for both sides to resolve jobs and livelihoods for residents on both sides that have existed up to now.

Recently, Vietnam also signed a joint exploitation agreement with China for an oil field across the border in the Gulf of Tonkin, which are meaningful practices.

Obviously, Vietnam does not reject temporary solutions based on the 1982 UN Convention on the Law of the Sea. However, Vietnam cannot accept the viewpoint of "shelving disputes and cooperating together" put forward by China based on the claim of a maritime border covering more than 80% of the East Sea area, which is not based on any legal basis and is completely contrary to the spirit of the 1982 UN Convention on the Law of the Sea, to create "overlapping areas" in order to find every way to implement the policy of "shelving disputes and jointly exploiting" in the legal waters and continental shelves of the countries bordering the East Sea.

According to Q&A on Vietnam's Law of the Sea

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