Introduction
The United Nations Convention on the Law of the Sea (UNCLOS), also known as the 1982 Law of the Sea Convention, was officially signed on December 10, 1982, at Montego Bay, Jamaica by 119 representatives from various countries, including Vietnam. It came into force on November 16, 1994. This convention holds immense importance as it serves as the highest international legal framework, binding and obligating participating countries to comply with its provisions. The convention consists of 17 parts, 320 articles, and numerous annexes and resolutions. Among them, it defines in detail the concepts of sovereignty, sovereign rights, and jurisdiction.
Sovereignty
Sovereignty refers to the absolute right of an independent nation over its territory. For coastal nations, sovereignty in the context of the Convention refers to the supreme authority exercised within their internal waters and territorial seas.
Sovereign Rights
Sovereign rights are the rights enjoyed by coastal nations based on their sovereignty over their exclusive economic zones (EEZs) and continental shelves. These rights include the exploration and exploitation of natural resources in these areas for economic purposes, such as the production of energy from water, currents, wind, and more.
Jurisdiction
Jurisdiction is the separate authority of coastal nations to make decisions, regulations, and supervise their implementation. This authority includes granting permits, resolving and handling various types of activities, artificial islands, installations, and structures on the sea, including the installation and use of artificial islands, research facilities, and scientific exploration. Additionally, it encompasses the protection and preservation of the marine environment within the EEZs and continental shelves.
The Relationship between Sovereignty and Jurisdiction
Sovereignty is the foundation of jurisdiction. The exercise of jurisdiction supports and creates an environment for the effective implementation of sovereignty.
According to the 1982 Law of the Sea Convention, coastal nations have sovereignty over their internal waters and territorial seas, which is extended vertically to the airspace above and to the seabed and subsoil beneath those waters.
Conclusion
It is crucial for participating nations to thoroughly study and strictly adhere to the mandatory provisions outlined in the Convention. This ensures unity, order, and the preservation of common interests, such as maritime security, safety, and freedom on the seas. Coastal nations must respect the inviolable territorial sovereignty of each other and not infringe upon the EEZs, continental shelves, and territorial waters of other nations as stipulated by the Convention. Any disputes or conflicts should be resolved through bilateral or multilateral negotiations based on international law, aiming for consensus and unity. Resorting to violence would not serve the common interests of all parties involved.
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