Australian Ambassador to Vietnam Andrew Goledzinowski (far left) chairs a discussion session within the framework of the 16th International Conference on the East Sea in Quang Ninh on October 24. (Photo: Pham Hang)

Ambassador, please comment on Vietnam's efforts in implementing the 1982 United Nations Convention on the Law of the Sea (UNCLOS)?

Vietnam is a maritime nation that has always supported the international legal order. Therefore, I think that Vietnam's role in UNCLOS, as a leading country, is really important. The annual international conference on the East Sea also shows that Vietnam not only complies with the rules of UNCLOS but also aims to become one of the countries that contribute to promoting standards in this field.

Another aspect that I would like to mention to demonstrate Vietnam’s efforts is that recently, Vietnam announced for the first time that it has a candidate for the position of judge of the International Tribunal for the Law of the Sea (ITLOS). Associate Professor Dr. Nguyen Thi Lan Anh, Director of the East Sea Institute (Diplomatic Academy) is an excellent candidate. Vietnam’s selection of her as a candidate for judge of ITLOS is a very positive and welcome move. In short, Vietnam is performing its role very well.

After 30 years of implementation, UNCLOS has proven its important value as a “constitution” for the ocean. Given the current changes in practice, many people question whether UNCLOS is still relevant.

According to the general opinion of experts at this East Sea Workshop, UNCLOS is still very relevant and will continue to be the pillar of the legal system governing oceans and seas.

However, I think the real issue here is how to implement UNCLOS more effectively. In certain aspects, there are still new challenges from technology that need to be managed, such as the issue of submarine cables. However, these challenges can still be solved within the framework of UNCLOS. This is also the common view of all the participants at this workshop.

How does the Ambassador assess the current situation in the East Sea and the use of "gray zone tactics"?

The situation in the South China Sea is currently facing many difficulties. Australia has repeatedly expressed its concerns about some of the behaviour we are seeing taking place in the South China Sea. All parties understand the rules, but at present these rules are being seriously violated.

We are seeing so-called “grey zone tactics” from large militias that not only violate common understandings of the law but also cause conflict, instability and danger to innocent fishermen. This is a regional problem that needs to be addressed.

Australian Ambassador to Vietnam Andrew Goledzinowski gives an interview to TG&VN. (Photo: Pham Hang)

Many countries in the region share these concerns and are increasingly vocal. While the future is uncertain, we are hopeful that we will see a return to safe and disciplined operations, in compliance with the legal framework and maritime rules that we have agreed and adopted.

“Grey zone tactics” are tactics that use force below the threshold of war. This is a very dangerous, worrying issue and is definitely not in accordance with the law. Therefore, we call on any country that is using “gray zone tactics” to return to better practices.

After 30 years of implementation, many people believe that UNCLOS should be amended to suit the reality, however, many people propose to add additional agreements to support UNCLOS. According to the Ambassador, which option is better?

UNCLOS is still extremely important and I want to emphasize again that UNCLOS is the “constitution” of the oceans and seas. So we should not change it. Instead, I think we can add to the agreement to deal with new challenges, such as the issue of submarine cables.

The adoption last year of the Agreement on the Conservation and Sustainable Use of Biological Diversity in Areas Beyond National Jurisdiction (BBNJ) demonstrated that the international community has the capacity to complement rather than undermine UNCLOS. That is an important distinction.

For the South China Sea, UNCLOS remains the central pillar and must be followed in this important body of water. Now, the most important thing is to enforce it. If a country chooses to ignore the rules, that is a real problem. But that does not mean the rules are wrong.

Within the framework of this East Sea Conference, the role of artificial intelligence (AI) in the field of maritime governance was discussed with both benefits and risks. What is your view on this issue, Ambassador?

I think the application of modern technologies such as cyber, AI and other important technologies such as quantum computing will play a role in maritime management. But more importantly, the rules of the ocean and the sea must be followed, and these new technologies need to be applied to comply with those rules.

I am sure that is what both Vietnam and Australia want to see in their behavior in the East Sea and other seas.