Unclos

Representatives from 107 countries and territories gathered in Montego Bay, Jamaica, on December 10, 1982, to sign the United Nations Convention on the Law of the Sea (UNCLOS). It came into force on November 16, 1994, with approval from 60 members. It is now binding on 168 states as well as the European Community, which is the only international organisation that is a member. The Convention has 320 articles, set out in 17 parts, as well as nine annexes and four resolutions. It governs all critical issues relating to seas and oceans. It sets out the legal regime for seas and clarifies the rights and obligations of both coastal and mainland countries in relation to international traffic, environmental protection, and scientific research, etc., regardless of their development status. It also sets forth procedures to peacefully settle marine disputes between countries. The 1982 UNCLOS was signed after nine years of negotiations, expressing the strenuous efforts of the international community in setting up such a legal framework. Following its signing in 1982, then UN Secretary General Javier Pérez de Cuéllar hailed the document as the most significant achievement in international law in the 20th century, while Tommy Koh, President of the third United Nations Conference on the Law of the Sea, called it “A constitution of the Oceans”. The most notable achievement reached through the convention is binding countries in a standardised method of identifying different zones at sea, including internal waters, territorial waters, contiguous zones, exclusive economic zones, and continental shelf. In case of overlaps between the territorial waters, contiguous zones, and continental shelf of neighbouring countries, they will negotiate over a boundary line. UNCLOS has affirmed its significance in maintaining peace and stability in the maritime space. Every member is responsible for fully adhering to its regulations, with no exceptions or delays. The convention …

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The Hanoitimes - Vietnam vows to conduct all possible measures to defend its legitimate sovereignty and jurisdiction in the East Sea. Countries need to comply with international laws and treaties in making maritime laws related to the East Sea (refer to the South China Sea), Spokesperson of Vietnam’s Ministry of Foreign Affairs Le Thi Thu Hang said at a press conference held in Hanoi on January 29. Spokesperson of Vietnam’s Ministry of Foreign Affairs Le Thi Thu Hang. Photo: Viet Linh Ms. Hang made the call while responding to a reporter’s query regarding the China’s Coast Guard Law, which was passed by the National People’s Congress Standing Committee, the top legislative body of China, on January 22. She opposed the China’s law that allows the agency to “take all necessary measures, including the use of weapons, when national sovereignty, sovereign rights, and jurisdiction are being illegally infringed upon by foreign organizations or individuals at sea.” “In making law on maritime, all countries are obliged to follow international law and treaties that they are signatory, mostly the United Nations Convention on the Law of the Sea 1982 (UNCLOS),” Ms. Hang said. “Vietnam has full legal basis and historical evidence to assert its sovereignty over the Paracel and Spratly Islands in accordance with international law; sovereignty, sovereignty rights, and jurisdiction on waters defined in the UNCLOS; and determined to conduct all possible measures to defend the legitimate rights,” Ms. Hang said. Vietnam demands countries to respect Vietnam’s sovereignty, sovereignty rights, and jurisdiction in the East Sea and be responsible for enforcing international law and UNCLOS without taking action that possibly escalate tension, actively contributing to building trust, maintaining peace and stability, and promoting maritime security in the sea. International media reported that the law for the first time explicitly …

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The Hanoitimes - With Malaysia's latest move, the rejection of China’s maritime claims in the resources-rich sea weighs on than ever before. Malaysia has said China’s claims to maritime features in the South China Sea have “no basis under international law.” Syed Mohamad Hasrin bin Tengku Hussin, Permanent Representative of Malaysia to the United Nations. Photo: Malaysia’s Ministry of Foreign Affairs Malaysia has underscored its legal position on this sea in a note verbale sent on July 29 to the United Nations’ Secretary General António with reference to China’s Note Verbale CML/14/2019 dated December 12, 2019, saying “the government of Malaysia rejects in its entirety the content of the Note Verbale of the People’s Republic of China.” “The Government of Malaysia rejects China’s claims to historic rights, or other sovereign rights or jurisdiction, with respect to the maritime areas of the South China Sea encompassed by the relevant part of the ‘nine-dash line’ as they are contrary to the Convention (the United Nations Convention on the Law of the Sea 1982 – UNCLOS 1982) and without lawful effect to the extent that they exceed the geographic and substantive limits of China’s maritime entitlements under the Convention,” read the note verbale. Shahriman Lockman, fellow at Institut Kajian Strategik dan Antarabangsa and fellow at Institute of Strategic and International Studies, Malaysia, has clarified the phrase China’s claims to maritime features in the South China Sea have “no basis under international law” that none of the rocks in the South China Sea belongs to China. The New Straits Times cited Dr Mohd Hazmi Mohd Rusli from the Royal Malaysian Navy Volunteer Reserve, as saying that international law dictates that a nation must be a persistent objector in objecting practices of other states it is not in agreement with. He went on to say that remaining silent is not an option, noting that objection has to be done persistently, …

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