Party building

Vietnam delimits seas with neighboring countries according to the 1982 United Nations Convention on the Law of the Sea (UNCLOS 1982)

Tran Manh Cuong • July 29, 2024 15:20

On April 30, 1982, the 1982 Convention on the Law of the Sea was adopted in Montego Bay, Jamaica. The Socialist Republic of Vietnam was one of 107 countries that signed the Convention. On June 23, 1994, our National Assembly issued a Resolution on the ratification of this important legal document. Point 1 of the Resolution clearly stated that by ratifying the 1982 United Nations Convention on the Law of the Sea, the Socialist Republic of Vietnam expressed its determination to work with the international community to build a fair legal order, encouraging development and cooperation at sea.

29/07/2024

Vietnam delimits seas with neighboring countries according to the 1982 United Nations Convention on the Law of the Sea (UNCLOS 1982)

On April 30, 1982, the 1982 Convention on the Law of the Sea was adopted in Montego Bay, Jamaica. The Socialist Republic of Vietnam was one of 107 countries that signed the Convention. On June 23, 1994, our National Assembly issued a Resolution on the ratification of this important legal document. Point 1 of the Resolution clearly stated that by ratifying the 1982 United Nations Convention on the Law of the Sea, the Socialist Republic of Vietnam expressed its determination to work with the international community to build a fair legal order, encouraging development and cooperation at sea.

The Law of the Sea is a set of legal regulations and rules used to regulate all relevant relations taking place in all seas and continental shelves. The subjects in international relations who participate in signing are called international Law of the Sea; and if issued by a coastal state, they are called national Law of the Sea. The international Law of the Sea currently in effect is the 1982 United Nations Convention on the Law of the Sea (UNCLOS). UNCLOS is the result of the 3rd United Nations Conference on the Law of the Sea, which took place from 1973 to 1982, and came into effect on November 16, 1994.

The Law of the Sea Convention is a set of rules governing the use of the world's oceans, which cover 70% of the Earth's surface. The Convention was signed in 1982 to replace four 1958 treaties that had expired. UNCLOS entered into force in 1994. As of September 20, 2013, 166 countries and the European Community had joined the Convention (the United States has not joined because it does not see it as beneficial for security and economy).

UNCLOS contains numerous provisions, the most important of which deal with the establishment of limits, navigation, maritime status, and transit regimes, exclusive economic zones, continental shelf jurisdiction, deep seabed mining, exploitation policy, protection of the marine environment, scientific research, and the settlement of disputes. The Convention sets limits for various areas, measured from carefully defined baselines. Typically, a baseline follows the low-tide coastline, but where the coastline is deeply indented, has offshore islands, or is highly unstable, straight baselines may be used.

As of 2014, the Convention has been ratified by 166 countries and includes 320 articles and 9 annexes regulating topics such as: Maritime zoning, Navigation, Archipelagic status and transit regime, Exclusive economic zones, Jurisdiction of the continental shelf, Seabed mining activities, Marine environmental protection, Scientific research and dispute settlement...

“

As a branch of international law, the Law of the Sea is formed and developed based on the basic principles of international law in general, which are: sovereign equality between states; prohibition of the use of force and threat of force; peaceful settlement of international disputes; non-interference in internal affairs; states' obligation to cooperate; self-determination of peoples; and voluntary implementation of international commitments.

- Principle of freedom of the seas:

According to Article 86 of UNCLOS, the high seas include all sea areas that are not included in the exclusive economic zone, territorial sea or internal waters of a State, nor in the archipelagic waters of an archipelagic State. That means the legal regime of the high seas also applies to the seabed and subsoil without violating the separate regulations applicable to the continental shelf and the international seabed.

Because it exists objectively and is not owned by any country, the legal status of the High Seas is a free status. This means that the high seas are open to all countries, whether coastal or landlocked. Freedom on the high seas is exercised under the conditions prescribed by the provisions of the Convention or other rules of international law. On the high seas, all countries have freedoms of the high seas, but the exercise of those rights must comply with the conditions prescribed by this Convention and other provisions of international law, including: Freedom of navigation; Freedom of overflight; Freedom to lay submarine cables and pipelines; Freedom to construct artificial islands and other facilities permitted by law; Freedom to fish; Freedom of scientific research.

In addition, this principle also plays an important role in the legal regulation of natural resource exploitation activities in the high seas and ocean floor. On the other hand, the principle of freedom of the seas is the legal basis for solving problems of natural resource exploitation in the continental shelf, seabed and exclusive economic zone. According to UNCLOS, the sea is open to all countries, whether coastal or landlocked, which means that countries have freedoms in using the sea as well as enjoying benefits from the sea. In addition to the rights specifically stipulated in Article 87 of UNCLOS, countries can be free at sea, but the implementation must take into account the interests of other countries in exercising freedom at sea, as well as the rights recognized by the Convention related to activities in the area and implemented within the framework of the provisions of the International Law of the Sea, not the freedom without restrictions or arbitrary use of the sea.

“

On the high seas, all nations have freedoms of the seas, but the exercise of those rights must comply with the conditions provided for in this Convention and other provisions of international law...

Since the 17th century, Vietnam has been a country that has implemented the "principle of freedom of the seas" by allowing ships from all countries in the world to enter the sea and archipelagos under Vietnam's sovereignty. The Vietnamese government is also very good-willed by its actions in rescuing international ships in its exclusive economic zone, including the incident where a British merchant ship passing through Hoang Sa ran aground and sank, forcing 90 people to take a sampan to the coast of Binh Dinh province in the winter of December 1836. King Minh Mang, upon hearing the news, immediately directed the provincial officials to choose a place for them to stay, and provided them with money and rice; and sent a guard and interpreter to translate the greetings and issue a decree granting them benefits. At the same time, the Royal Envoys to the West, Nguyen Tri Phuong and Vu Van Giai, took them to Ha Chau wharf to return home.

- The principle of land dominating the sea:

This principle is affirmed by Article 76 of the 1982 Convention on the Law of the Sea: “The continental shelf of a coastal State comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin is up to that distance.” According to the principle, the extension of a State’s sovereignty to the sea cannot be separated from the element of territorial sovereignty. The territorial element recognized by this principle is land territory (including natural islands and archipelagos). The principle of “Land Dominating the Sea” is important for coastal States, especially developing States. It is the basis for affirming the sovereignty and jurisdiction of a State at sea, contributing to the fair and effective resolution of disputes at sea between States.

“

The principle of “Land dominates the sea” is of great importance to coastal countries, especially developing countries. It is the basis for asserting the sovereignty and jurisdiction of a country at sea, contributing to the fair and effective resolution of maritime disputes between countries.

- Principles of marine environment protection:

The sea is a source of food and resources for socio-economic development, and at the same time, the sea is also a living environment for humans. In the 20th century, along with the process of regional and global economic development, the environment in general and the marine environment in particular are facing the risk of serious pollution from human exploitation activities. If there are no timely remedial measures, once the ecological balance of the sea is broken, the sea will have negative impacts on human life. Realizing this, the issue of protecting the marine environment is of concern to countries; many International Conventions on the Protection of the Marine Environment were born such as: the 1969 Brussels Convention on Measures against Oil Pollution Due to Accidents at Sea, the 1972 London Convention on the Prevention of Marine Pollution from Ships and Other Wastes...; especially the 1982 Convention on the Law of the Sea. These Conventions have created the basis and legal corridor for preserving the marine environment and preventing pollution at sea.

At the international level, in relation to the protection of the marine environment from shipping-related pollution, the International Maritime Organization (IMO), the United Nations specialized agency for maritime transport, is considered to be of particular relevance, in that a series of conventions on the protection of marine ecosystems from the pressures and impacts caused by maritime traffic, through rules governing all activities related to the operation of ships, which may constitute possible threats to marine and coastal ecosystems.

To protect the marine environment, the Convention has many provisions: determining measures to prevent, limit and control marine pollution; cooperation on a global and regional scale to protect and preserve the marine environment; technical assistance to developing countries in protecting and preserving the marine environment; monitoring fishing and marine ecology. The principle of marine environmental protection is also a manifestation of the relationship between use and conservation in exploiting the environment in general and the marine environment in particular. Therefore, understanding and seriously implementing this principle by countries is of great significance in preserving and maintaining a sustainable living environment for human society.

- Principles of using the seas for peaceful purposes:

This principle is stipulated in Article 88 of the 1982 Convention on the Law of the Sea: “The high seas shall be used for peaceful purposes”. The sea is a common sea of ​​the international community with rich and diverse natural resources. Proper use of the sea will contribute to promoting the common development of mankind; conversely, using the sea negatively will threaten international peace and security. Therefore, the legal regime of the high seas must be built to ensure that this sea area is only used for peaceful purposes.

One of the contents of this principle is that countries are not allowed to use force or threaten to use force on the high seas. This means prohibiting all military activities at sea. Based on this principle, the Treaty on the Non-Proliferation of Nuclear Weapons and Other Weapons of Mass Destruction on the Seabed and Seabed was signed in 1971. However, according to the assessment of many experts, the provisions of the 1982 Convention on this issue are still not specific and there is no mechanism for implementation in practice. For example, in reality, many powers still deploy nuclear submarines and military submarines to control the high seas.

In addition, this principle must also be understood in another aspect, that is, the exploitation and use of the sea requires cooperation between countries and, above all, planning and planning to ensure the common interests of the international community.

- Principles of preserving the common heritage of humanity:

According to Article 136 of the 1982 Convention on the Law of the Sea, the Area and its resources are the common heritage of mankind. This provision eliminates the exclusive right to appropriate any resources in the Area. This principle and the principle of freedom of the seas are important legal bases for building and ensuring the implementation of the legal regime for the exploitation of the Area's natural resources. In their general conduct in relation to the Area, States shall comply with the provisions of the 1982 Convention on the Law of the Sea, the principles set out in the Charter of the United Nations and other rules of international law, with a view to maintaining peace, security, promoting international cooperation and mutual understanding (Article 138 of the 1982 Convention on the Law of the Sea).

This is a specific principle of maritime law, especially applicable to the seabed and subsoil - which are considered the common heritage of mankind. According to the general principle, this sea area is common, not owned by any country or international organization. In reality, the exploitation and use of this heritage sea area is still limited due to many reasons. The most important problem is that with the current technological capabilities of humans, they cannot explore and go down to the depths of the heritage sea area. For that reason, we still do not know exactly what types of resources exist in the heritage sea area, what are the reserves... However, the regulation of the principle of preserving the common heritage of mankind is important in the formation and implementation of the legal regime on the exploitation of natural resources on the seabed and subsoil. This principle includes the following contents:

+ No State may claim sovereignty or other sovereign rights over any part of the seabed and subsoil.

+ No country, legal entity or individual can appropriate any part of the heritage sea area.

+ The entire human race, represented by the International Authority, has the authority to organize the exploitation, management and control of the exercise of rights to the resources of the seabed and subsoil.

+ Activities on the seabed and subsoil are carried out for the common benefit of mankind;

+ The seabed and subsoil of the seabed may only be used for peaceful purposes.

Thus, the United Nations Convention on the Law of the Sea is motivated by the desire and spirit of mutual understanding and cooperation among the nations of the world. All issues related to the law of the sea, and the recognition of the historical significance of this Convention is an important contribution to the maintenance of peace, justice and progress for all peoples of the world.

Since joining the 1982 United Nations Convention on the Law of the Sea, the Socialist Republic of Vietnam has always demonstrated itself to be a responsible member, respecting and fully implementing its rights and obligations. The Socialist Republic of Vietnam affirms its internal waters, territorial seas, sovereign rights and jurisdiction over the contiguous zone, exclusive economic zone and continental shelf of Vietnam on the basis of the provisions of the Convention and the principles of international law, and requests other countries to respect the above-mentioned rights of Vietnam. At the same time, it once again affirms Vietnam's inalienable sovereignty over the Hoang Sa and Truong Sa archipelagos. Vietnam has the right to determine its maritime zones and continental shelves in accordance with the Convention, but at the same time it also has the obligation to delimit maritime zones and continental shelves in areas overlapping with neighboring countries. After the Convention came into effect, on the basis of mutual respect for sovereignty and territorial integrity, Vietnam has embarked on maritime delimitation with neighboring countries, which can be listed as follows:

-Agreement on maritime boundary delimitation between the Socialist Republic of Vietnam and the Kingdom of Thailandwas signed on August 9, 1997 in Bangkok. This agreement ended the dispute between Vietnam and Thailand for more than two decades on the interpretation and application of maritime law in the delimitation of overlapping areas between the two countries. This is the first maritime delimitation agreement reached in the Gulf of Thailand, and also the first maritime delimitation agreement signed in Southeast Asia after the 1982 United Nations Convention on the Law of the Sea came into effect. For Vietnam, this is the first maritime delimitation agreement reached with neighboring countries. According to the agreement, Tho Chu Island enjoys 32.5% of the validity, Vietnam enjoys 1/3 of the area and Thailand enjoys 2/3 of the area of ​​6,074 km² of overlapping sea areas.

-Agreement on the Delimitation of the Gulf of Tonkin between the Socialist Republic of Vietnam and the People's Republic of China, signed on December 25, 2000 in Beijing to determine the territorial sea, continental shelf and exclusive economic zone boundaries in the Gulf of Tonkin.

-Agreement on the delimitation of the continental shelf boundary between the Government of the Socialist Republic of Vietnam and the Republic of Indonesiaon 26 June 2003 in Hanoi. The Agreement entered into force on 29 May 2007.

-Agreement on joint cooperation in exploiting overlapping areas and demarcating the continental shelf in overlapping areas between the Socialist Republic of Vietnam and the Federation of Malaysia, from June 3 to 5, 1992, in Kuala Lumpur.

-Agreement on Historical Waters between the Socialist Republic of Vietnam and the Kingdom of Cambodia, on July 7, 1982, to agree on and unify the legal sovereignty of the islands, the scope, the authority to manage, exploit and use the resources in the Historical Waters of each country; at the same time, to end the complicated and long-standing dispute over sovereignty of the sea and islands in the history of relations between the two countries in the Gulf of Thailand (southwest of Vietnam). The Agreement clearly defined the scope of the Common Historical Waters of the two countries as: the sea area between the coast of Kien Giang province, Phu Quoc island and Tho Chu archipelago of Vietnam with the coast of Kampot province and Poulowai island group of Cambodia. Accordingly, the two countries have the right to apply legal regime on the historical waters as the internal waters regime.

In the above agreements, Vietnam has always shown that it is a member that absolutely complies with the principles of the United Nations Convention on the Law of the Sea, respecting the territorial waters of neighboring countries. The correct and full implementation of the above principles has truly contributed to the implementation of a fair and equal international economic order, ensuring the harmony of interests and needs among countries; at the same time, consolidating peace, security, cooperation and friendly relations among all countries, promoting economic and social progress of countries in the region in particular and all peoples in the world in general, in accordance with the purposes and principles of the United Nations.

“

Vietnam has always shown itself to be a member that absolutely complies with the principles of the United Nations Convention on the Law of the Sea and respects the territorial waters of neighboring countries.

This also shows that China’s claim of sovereignty over more than 100 islands and reefs in the South China Sea, i.e., its claim of sovereignty over underwater entities, is completely unreasonable. China has drawn and surrounded the islands and reefs, waters as well as the underwater islands and reefs in the South China Sea as its territory in the form of a “straight reference line”, i.e., the nine-dash line. These maritime limits do not meet the geographical criteria of a straight baseline under the Convention. Because, according to UNCLOS 1982, these islands and reefs under the sea do not have legal territory and cannot be declared as territorial waters. Thus, it is clear that under international law, China’s above-mentioned claims are baseless and have absolutely no legal value. China’s claims of sovereignty or exclusive jurisdiction over most of the South China Sea are illegal, because they completely contradict the provisions of international law.

Therefore, in the struggle to protect Vietnam's sovereignty over its territorial waters, especially the Hoang Sa and Truong Sa archipelagos, in addition to the 1982 Convention on the Law of the Sea, Vietnam always has sufficient historical and legal scientific evidence to prove that Vietnam's sovereignty has been established continuously and peacefully for a long time over the Hoang Sa and Truong Sa archipelagos. These are legal tools to refute China's unreasonable claims to the so-called "cow tongue line" that covers 80% of the East Sea, which is a sea area surrounded by 9 countries, including the Socialist Republic of Vietnam.

In the Constitutions of 1980 and 1992, and the Law on National Borders of 2003, Vietnam clearly affirmed Vietnam's sovereignty over the Hoang Sa and Truong Sa archipelagos. In 1979, 1981, and 1998, the Ministry of Foreign Affairs of the Socialist Republic of Vietnam published white papers on Vietnam's sovereignty over the Hoang Sa and Truong Sa archipelagos. These documents clearly demonstrated Vietnam's sovereignty over the Hoang Sa and Truong Sa archipelagos on all historical, legal, and practical grounds.

The National Assembly of the Socialist Republic of Vietnam emphasized that it is necessary to distinguish the issue of resolving disputes over the Hoang Sa - Truong Sa archipelago from the issue of protecting the sea areas and continental shelf under the sovereignty, sovereign rights and jurisdiction of Vietnam based on the principles and standards of the 1982 United Nations Convention on the Law of the Sea. Thus, the stance of the Socialist Republic of Vietnam is to have truly possessed the Hoang Sa and Truong Sa archipelagos since the 17th century at the latest when they were recorded in historical and geographical works compiled by the Vietnamese and they do not belong to the sovereignty of any other country nor have any sovereignty disputes with another country. The Vietnamese people have exercised their sovereignty continuously and peacefully until it was illegally invaded by many other countries./.