Indonesian Ambassador to Vietnam Denny Abdi: UNCLOS 1982 - an invaluable 'anchor' to promote peace and stability in the East Sea

UNCLOS is very relevant and plays an important role in shaping global maritime governance, including the East Sea. (Source: IILSS)

In an exclusive interview with The World and Vietnam Newspaper, Indonesian Ambassador Denny Abdi recalled the efforts of the world's largest archipelago nation in formulating the 1982 United Nations Convention on the Law of the Sea (UNCLOS). Affirming the great value of UNCLOS in the governance of seas and oceans, the Ambassador also mentioned the comprehensive legal framework of the Convention, which is considered an important "anchor" to promote peace and stability in the East Sea and resolve disputes by peaceful means.

Could you please comment on the importance and role of UNCLOS over the past three decades?

As the world’s largest archipelagic state, with more than 17,400 islands, Indonesia relies heavily on UNCLOS as a legal reference to govern many aspects of the ocean, such as maritime boundaries and marine resource management. The inclusion of provisions and principles governing archipelagic states in UNCLOS is considered one of Indonesia’s greatest diplomatic successes. The convention helps Indonesia establish sovereignty over archipelagic waters and establish archipelagic baselines.

Indonesian Ambassador to Vietnam Denny Abdi. (Source: VGP News)

UNCLOS is of great significance in protecting the sovereignty, sovereign rights and jurisdiction of coastal states, promoting the sustainable use of marine resources and facilitating maritime cooperation. This role is achieved through the delicate balance created by UNCLOS, helping to harmonize the interests of coastal states with the interests of the international community.

Three decades on, UNCLOS remains relevant and plays an important role in shaping global maritime governance. By establishing a comprehensive legal framework, UNCLOS facilitates the peaceful resolution of disputes, the sustainable use of fisheries and marine resources, the protection of the marine environment, and the maintenance of maritime security and safety. This comprehensive approach ensures that UNCLOS remains applicable to a wide range of maritime issues.

The Convention has also proven to be adaptable in addressing emerging maritime challenges and providing a basis for new agreements. The latest example is the 2023 Agreement on Biodiversity Beyond National Jurisdiction (BBNJ), which strengthens the UNCLOS framework and promotes the sustainable use and conservation of marine biodiversity in areas beyond national jurisdiction.

UNCLOS facilitates the peaceful resolution of disputes, sustainable use of fisheries and marine resources, protection of the marine environment, and maritime security and safety. (Photo: Anh Tuan/un.org)

How does the Ambassador evaluate Vietnam's efforts in promoting the implementation and development of UNCLOS, especially when we are facing many new challenges related to the sea?

Vietnam’s early ratification of UNCLOS in July 1994 demonstrates Vietnam’s commitment to the international legal order and the peaceful use of seas and oceans. Through its early ratification of UNCLOS, Vietnam has enhanced its international position to contribute to the consolidation of peace, security, cooperation and friendly relations among all countries on the seas and oceans.

Since then, Vietnam has consistently supported UNCLOS; supported the peaceful settlement of maritime disputes; promoted peace, security, stability, safety and freedom of navigation, and participated in common efforts towards the sustainable use of marine resources.

Vietnam’s commitment to UNCLOS is essential in the context of ongoing tensions in the South China Sea, where compliance with UNCLOS is important in reducing tensions, building mutual trust and paving the way for peaceful resolution of disputes in accordance with UNCLOS.

Vietnam's active participation at the UNCLOS Conference of States Parties and the United Nations (UN) Ocean Conference has contributed to common efforts in addressing emerging maritime challenges such as marine plastic waste, climate change, sustainable use of marine biodiversity and sustainable fisheries.

Regarding the process of developing the International Law of the Sea, in October 2022, Vietnam and other countries with similar views proposed an initiative to seek an advisory opinion from the International Court of Justice (ICJ) on the obligations of states related to climate change.

In 2023, Vietnam also participated in the advisory opinion proceedings of the International Tribunal for the Law of the Sea (ITLOS) regarding the obligations of states on climate change. The advisory opinion proceedings were initiated by the Committee on Small Island States on Climate Change and International Law (COSIS). By participating in these advisory opinion proceedings, Vietnam demonstrated its support for ITLOS and its proactive role in protecting the marine environment.

In its Advisory Opinion of May 2024, ITLOS affirmed that States have an obligation under UNCLOS to prevent, reduce and control pollution of the marine environment by greenhouse gas emissions. ITLOS’s Advisory Opinion has contributed to the development of the Law of the Sea by addressing legal questions related to the obligations of States to respond to climate change and to protect and preserve the marine environment.

Furthermore, Vietnam’s participation in the BBNJ Agreement also underscores Vietnam’s efforts to promote sustainable use of marine resources and protect marine biodiversity. Vietnam has been involved in the BBNJ negotiation process since 2004, signed the Agreement on September 20, 2023, and is preparing for ratification.

Through these efforts, Vietnam actively contributes to the broader goal of developing the Law of the Sea and the sustainable and peaceful use of seas and oceans.

What is your assessment of the cooperative efforts of Vietnam and Indonesia in complying with UNCLOS?

Indonesia and Vietnam have been engaged in various cooperative efforts to implement UNCLOS and promote peace, security, safety and maritime cooperation in the region. Regarding maritime boundary delimitation, both countries reached an agreement on the delimitation of the continental shelf in 2003 and the Exclusive Economic Zone (EEZ) in 2022.

Through the two agreements, the two countries have established clear maritime boundaries for the continental shelf and EEZ. The EEZ Agreement of 2022 marks an important milestone not only for the two countries but also for the region. The agreement reflects the efforts of the two countries to peacefully resolve maritime delimitation in accordance with international law, especially UNCLOS.

In the region, the signing of the agreement will be a testament to the creation of an enabling environment and sustainable development of the marine economy. Both countries can cooperate to build a seafood processing industry based on sustainable fishing practices.

To further implement the provisions of UNCLOS in the field of maritime security and safety, Indonesia and Vietnam are actively participating in various initiatives and agreements to enhance cooperation on maritime security and safety.

In December 2021, the Indonesian Maritime Security Agency (Bakamla) and the Vietnam Coast Guard signed a Memorandum of Understanding (MoU) to enhance cooperation in maritime security and safety. In addition, the Coast Guard and Navy of both countries regularly conduct joint exercises to enhance maritime security and law enforcement capabilities, contributing to maintaining security, safety and stability at sea in the region.

Delegates at the 20th ASEAN-China Senior Officials' Meeting on the Implementation of the Declaration on the Conduct of Parties in the East Sea (SOM DOC) in March 2023. (Source: Ministry of Foreign Affairs of Vietnam)

According to the Ambassador, what role does UNCLOS play in promoting peace and stability in the East Sea?

UNCLOS sets out the legal framework within which all activities at sea and in the oceans must comply. To this end, UNCLOS plays an important role in promoting peace, security and stability in the South China Sea by providing a comprehensive legal framework, clarifying maritime rights and interests, establishing dispute settlement mechanisms and guiding the management of maritime issues among states.

Regarding maritime zones, UNCLOS regulates the breadth of the territorial sea, the contiguous zone, the EEZ and the continental shelf. The Convention invalidates any claim that does not comply with the maritime regimes established by the Convention. By establishing clear maritime zones, UNCLOS creates rules for countries to negotiate and resolve maritime delimitation based on international law.

In line with the objective of promoting the peaceful use of the seas and oceans as stated in the Preamble to UNCLOS, States have the obligation to maintain peace, security, cooperation, friendly relations and to settle all disputes by peaceful means. The same obligation is also included in the 2002 Declaration on the Conduct of Parties in the South China Sea (DOC), which serves as the basis for ASEAN and China to resolve differences in a constructive manner and prevent escalation of tensions.

By complying with UNCLOS, countries commit to upholding international law and norms in all activities at sea. This compliance is essential to maintaining order and predictability in the region, ensuring that all countries, large and small, are subject to the same set of rules, reducing the risk of miscalculation and conflict at sea.

UNCLOS also facilitates the settlement of disputes through legal and peaceful means. The existence of dispute settlement mechanisms under UNCLOS, such as the International Tribunal for the Law of the Sea and arbitration, provide legal solutions for countries to resolve their maritime disputes peacefully.

Thank you very much Ambassador!