On November 25, 2024, the Valdai Club hosted an expert discussion dedicated to the 30th anniversary of the entry into force of the UN Convention on the Law of the Sea.
The moderator, Anton Bespalov, emphasized that this convention, which came into effect on November 16, 1994, is a groundbreaking document that establishes common regulations for the management of the world’s oceans. While it may not be a major topic of public discussion in Russia, it is regarded as a crucial document for national security in many other nations, including those in Southeast Asia.
Alexander Vylegzhanin, head of the Department of International Law at MGIMO University (2005-2024), described the UN Convention on the Law of the Sea as the sole regulator of relations between states in maritime affairs. Unlike the Geneva Conventions on the Law of the Sea of 1958, which preceded it, the Convention is a single, unified document. It has introduced new concepts into maritime law, such as the exclusive economic zone. The Convention reflects modern international maritime relations, but the absence of certain states, particularly the United States, from the Convention and their non-compliance with its provisions creates a degree of discord in international relations. This is particularly true in the context of the Arctic region. “I understand the concerns expressed regarding Russia’s involvement in the convention. However, the most effective approach would not be to withdraw from the process, but rather to ensure that Russia’s international legal policies are well-considered, strategic, and protect the country’s national interests,” Vylegzhanin concluded.
Asoke Kumar Mukherji, honorary researcher at the Vivekananda International Foundation, stated that the issues related to the regulation of maritime activities are of utmost importance for India, and the United Nations Convention on the Law of the Sea (UNCLOS) serves as a foundation for national strategic policies and national legislation in this field. Moreover, it assists in resolving disputes regarding maritime matters through the International Tribunal for the Law of the Sea). The Convention also promotes international discussions on future amendments to the law of the sea. Therefore, significant issues that require resolution relate to the legal framework for submarine fibre-optic cables and the challenges of deep-sea fishing, as well as the harmonization of relevant agreements.
“The UN Convention on the Law of the Sea is a unique product of the Cold War,” said Pavel Gudev, a leading researcher at the IMEMO RAS. Negotiations on its development took place over a period of almost ten years, with most UN member states participating. Decisions were reached through a package approach and consensus-based method. Both the United States and the Soviet Union played a role in initiating the convention, with the US aiming to end the so-called creeping jurisdiction – the expanding claims of states to water areas, seabed, and subsoil resources. The USSR, on the other hand, sought to protect the interests of developing states by granting them specific rights and powers in using the wealth of the oceans. It should be noted that despite not signing the convention, the US has implemented it, albeit with broad interpretations of certain norms. According to Gudev, as most of the provisions of the Convention form part of international law, binding on all states, including those that are not parties to it (something which the US has often speculated on), Russia’s withdrawal from the Convention would not bring any benefits.
Hendra Manurung, a lecturer at the Department of Military History at the Faculty of Defence Strategy of the Republic of Indonesia’s Defence University (RIDU), presented his views on the Indonesian perspective of the United Nations Convention on the Law of the Sea. He emphasized the importance of the provisions of the convention for Indonesia, as a country with numerous islands and extensive maritime boundaries, which are defined as archipelagic states under the convention. Specifically, these provisions are crucial for resolving the situation in the South China Sea, where there is a need to prevent the escalation of a dispute into an open conflict between several countries, including China. At present, China is engaging in negotiations with ten countries in Southeast Asia, including Indonesia, with the aim of establishing a code of conduct for the South China Sea.
