Unclos

ASEAN said the 1982 UNCLOS sets out the legal framework within which all activities in the oceans and seas must obey.

Ten member states of the Association of Southeast Asian Nations (ASEAN) has inserted the 1982 United Nations Convention on the Law of the Sea (UNCLOS) into its latest statement to reaffirm their shared commitment to maintain the regional peace, security, and stability.

Vietnam’s Prime Minister Nguyen Xuan Phuc delivers speech at the 36th ASEAN Summit. Photo: VNA

Vietnam’s Prime Minister Nguyen Xuan Phuc delivers speech at the 36th ASEAN Summit. Photo: VNA

In Chairman’s Statement of the 36th ASEAN Summit held in Hanoi on June 26, including virtual sessions with the participation of heads of regional states/governments, the bloc emphasized that they reaffirmed their shared commitment to the peaceful resolution of disputes, including full respect for legal and diplomatic processes, without resorting to the threat or use of force, in accordance with the universally recognized principles of international law, including UNCLOS.

“We reaffirmed the importance of maintaining and promoting peace, security, stability, safety and freedom of navigation in and over-flight above the South China Sea and recognized the benefits of having the South China Sea as a sea of peace, stability and prosperity. We underscored the importance of the full and effective implementation of the 2002 Declaration on the Conduct of Parties in the South China Sea (DOC) in its entirety.

We were encouraged by the progress of the substantive negotiations towards the early conclusion of an effective and substantive Code of Conduct in the South China Sea (COC) consistent with international law, including the 1982 UNCLOS. We welcomed the completion of the first reading of the Single Draft COC Negotiating Text. We emphasized the need to maintain and promote an environment conducive to the COC negotiations, and thus welcomed practical measures that could reduce tensions and the risk of accidents, misunderstandings and miscalculation.

We stressed the importance of undertaking confidence building and preventive measures to enhance, among others, trust and confidence amongst parties; and we reaffirmed the importance of upholding international law, including the 1982 UNCLOS.”

“We discussed the situation in the South China Sea, during which concerns were expressed on the land reclamations, recent developments, activities and serious incidents, which have eroded trust and confidence, increased tensions and may undermine peace, security and stability in the region. We reaffirmed the need to enhance mutual trust and confidence, exercise self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability and avoid actions that may further complicate the situation, and pursue peaceful resolution of disputes in accordance with universally recognized principles of international law, including the 1982 UNCLOS.”

“We reaffirmed that the 1982 UNCLOS is the basis for determining maritime entitlements, sovereign rights, jurisdiction and legitimate interests over maritime zones, and the 1982 UNCLOS sets out the legal framework within which all activities in the oceans and seas must be carried out. We emphasized the importance of non-militarization and self-restraint in the conduct of all activities by claimants and all other states, including those mentioned in the DOC that could further complicate the situation and escalate tensions in the South China Sea.”

Emeritus professor Carl Thayer, the University of New South Wales, Canberra (UNSW Canberra) said the most important change in the Chairman’s Statement, representing a significant shift in ASEAN’s rhetoric, was the insertion of this sentence, “We reaffirmed that the 1982 UNCLOS is the basis for determining maritime entitlements, sovereign rights, jurisdiction and legitimate interests over maritime zones, and the 1982 UNCLOS sets out the legal framework within which all activities in the oceans and seas must be carried out.”

In other words, ASEAN rejects China’s claims to historic rights and China’s grouping of dispersed land features in the South China Sea into one unit, the professor said, noting that ASEAN has never stated this publicly.

The UK is the third country outside the South China Sea region to protest China’s claims in the resources-rich sea.

The UK has announced its stance on legal issues in the South China Sea with a focus on the observance of the 1982 United Nations Convention on the Law of the Sea (UNCLOS).

Royal Navy warship HMS Argyll joined the US Navy for combined workout in the South China Sea in January 2019. Photo: US Navy

In the announcement released early September 2020, the Foreign Commonwealth & Development Office (FCDO) said the UK’s stance on the South China Sea has been revealed and available in the public for years in which it has committed to comply with international law, including UNCLOS 1982.

The UK calls on all related parties to restrain their activities that might cause escalating tensions, including land reclamation, construction, and militarization. It also calls for self-restraint and responsible behavior in accordance with international obligations.

Announcing its stance on the South China Sea of which China claims up to 80%, the UK becomes the third country outside the South China Sea region to protest Beijing’s maritime claims.

The UK’s closest ally, the US, on June 1, 2020 sent a note verbale to the United Nations to oppose China’s claims in the South China Sea that Washington calls “unlawful.” It said the US “rejects these maritime claims as inconsistent with international law as reflected in the 1982 Law of the Sea Convention.”

On July 13, 2020, the US made a crystal clear position on the sea, saying that Beijing’s claims to offshore resources across most of the sea are completely unlawful as the China has stepped up aggression in this disputed sea where a major part of world trade passes through.

Meanwhile, Australia on July 23, 2020 sent a note verbale to the UN providing the most detailed rejection of China’s claims. Australia was the first country to mention the Paracel Islands. The Oceanian country stated it did not accept China’s argument that its sovereignty claims were “widely accepted by the international community” and cited protests by the Philippines and Vietnam to document its objections.

Strong support

Leaders of E3: Then British Prime Minister Theresa May, French President Emmanuel Macron, and German Chancellor Angela Merkel. Photo: Anadolu Agency

In August 2019, the UK, together with France, and Germany called EU Three or E3 released a joint statement showing concerns over the situation in the South China Sea.

“We are concerned about the situation in the South China Sea which could lead to insecurity and instability in the region,” the trio said in the statement.

“As State parties of the United Nations Convention on the Law of the Sea (UNCLOS), France, Germany, and the UK underline their interest in the universal application of the Convention which sets out the comprehensive legal framework within which all activities in the oceans and seas including in the South China Sea must be carried out and which provides the basis for national, regional and global co-operation in the maritime domain. They recall in this regard the Arbitration Award rendered under UNCLOS on 12 July 2016,” said the statement.

Furthermore, France, Germany, and the UK welcome the on-going negotiations between the ASEAN member States and China in view of achieving a rules-based, co-operative and effective Code of Conduct consistent with UNCLOS in the South China Sea and encourage progress towards its early conclusion, the statement noted.

Discussions at the event help address the heat of conflicts which threaten the regional security.

More than 100 of officials and scholars from 27 member states of the ASEAN Regional Forum (ARF) have expressed concerns about escalating tensions in the South China Sea at the 2nd ARF Workshop, which was co-organized by Vietnam, the European Union (EU) and the Canadian Embassy in Hanoi.

Canadian Ambassador to Vietnam Deborah Paul, Dr. Le Thi Tuyet Mai, head of Department of Law and International Treaty under Vietnam’s Ministry of Foreign Affairs, EU Ambassador to Vietnam Giorgio Aliberti co-chaired the workshop. Photo: MOFA

Vietnamese and international experts discussed methods to boost the enforcement of international treaties on the sea to solve problems that threat global peace and security.

They shared overviews on the current situation and issues hindering the implementation of the United Nations Convention on the Law of the Sea (UNCLOS) and other international instruments in order to address emerging maritime issues.

The participants discussed measures to promote the cooperation in maritime issues among ARF members with the progress made in the implementation of the ARF Vision Statement and Hanoi Plan of Action to implement the ARF Vision Statement and looked forward to the implementation of the remaining action lines.

Dr. Le Thi Tuyet Mai, head of the Department of Law and International Treaty under Vietnam’s Ministry of Foreign Affairs, highlighted the importance of the UNCLOS in regulating maritime activities since the legal enforcement 25 years ago.

Canadian Ambassador to Vietnam Deborah Paul said that regional tensions continue to rise, challenging global efforts to build conference and to prevent heat of conflicts among neighbors. Canada acknowledges that regional security bring advantages to regional people and contribute to the global stability and a strong ASEAN is very important to Canada.

EU Ambassador to Vietnam Giorgio Aliberti said the UNCLOS remains a pillar on disputes on maritime issues, including the South China Sea and efforts must be continued to build up a region of stability. It requires further cooperation among regional states, ARF members and the whole world.

Basis

The UNCLOS is not just a critical legal instrument regulating maritime affairs, guaranteeing legal rights and interests of states but also an important framework for the countries to resolve disputes and enhance maritime cooperation.

Based on the UNCLOS, a number of cooperation initiatives have been proposed and promoted between ASEAN countries and between ASEAN and dialogue partners in response to maritime security challenges.

The event draws the participation of experts from 27 ARF members. Photo: VNA

The experts discussed and recommended solutions in four sessions, focusing on:

(i) Traditional maritime security challenges in the region, such as sovereignty disputes, maritime delimitation, and law enforcement at sea;

(ii) the UNCLOS and emerging issues in the conservation and sustainable use of marine resources, including issues related to marine pollution, deep sea exploitation, conservation and sustainable use of marine biodiversity outside areas under national jurisdiction and illegal, undeclared and unregulated fishing activities;

(iii) Climate change and maritime law, possible impacts and solutions, including global challenges such as sea level rise, ocean acidification to coral reefs, and climate change;

(iv) International and regional cooperation: initiatives and solutions for the future with the interaction between regional agreements and UNCLOS in environmental protection and conservation, strengthening coordination and interaction between ASEAN maritime forums and mechanisms and multilateral maritime security cooperation.

Established in 1994, the ARF is aimed to build trust and strengthen ASEAN-centered regional dialogue. Currently, 27 countries and international organizations attend this forum, with Vietnam being one of the founding members.

Vietnam’s Prime Minister Nguyen Xuan Phuc suggested Vietnam and Germany soon set up a strategic action plan for the 2019 – 2021 period.

Germany fully supports the EU- Vietnam Free Trade Agreement (EVFTA) and believes the deal would take bilateral cooperation to a new height, according to German Ambassador to Vietnam Guido Hildner.

Prime Minister Nguyen Xuan Phuc and German Ambassador to Vietnam Guido Hildner. Source: VGP.

Germany considers Vietnam a strategic partner and expects closer ties between the two countries, Hildner said at a meeting with Prime Minister Nguyen Xuan Phuc on October 31.

Hildner tipped that four German delegations this week had visited Vietnam to deepen cooperation in the fields of economy, science, and environment. He proposed the two countries focus in climate, environment, energy and vocational training.

According to Hildner, Germany supports peace, freedom and safe of navigation in the South China Sea based on international law.

Hildner expected more cooperation between the two countries in 2020 as both will hold the position of non-permanent members of the UN Security Council; Vietnam will take over the ASEAN chairmanship and Germany the rotating six-month presidency of the EU in the second half of 2020.

Vietnam’s PM Phuc suggested Vietnam and Germany soon set up a strategic action plan for the 2019 – 2021 period, while closely cooperating in organizing a series of events celebrating 45 ^th anniversary of the establishment of diplomatic relations by 2020.

Phuc expected Germany to facilitate the approval of EVFTA and the EU – Vietnam Investment Protection Agreement (EVIPA) at the European Commission, ensuring the soon enactment of these agreements.

On this occasion, Phuc thanked the German government and the EU for voicing their strong support for settling territorial disputes in the South China Sea through peaceful measures and based on international law, particularly the 1982 UN Convention on Law of the Sea (UNCLOS).

Germany has been Vietnam’s top trading partner in the EU with bilateral trade turnover of US$10.8 billion in 2018.

However, German investment inflow to Vietnam remains modest at nearly US$2 billion to date, ranking fourth among EU countries, Phuc said.

Phuc requested the German Ambassador to support the implementation of major projects between the two countries and promote stronger investment from Germany to Vietnam.