Open AccessModern International Law of the Sea: Role, Challenges and Proposals
Author(s) -
Nguyễn Bá Diến
Publication year - 2021
Publication title -
vnu journal of science: legal studies
Language(s) - English
Resource type - Journals
ISSN - 2588-1167
DOI - 10.25073/2588-1167/vnuls.4350
Subject(s) - united nations convention on the law of the sea , political science , law , constitution , law of the sea , international law , freedom of navigation , convention , customary international law , settlement (finance) , order (exchange) , geography , public international law , business , finance , payment
Following the tendency of “moving forward to the sea, controlling the sea”, together with the development of science, technology, the birth of the 1982 United Nations Convention on the Law of the Sea (UNCLOS 1982) marked an important turning point in the history of development of the Modern International Law of the Sea. As a textual, multilateral legal document, consisting of 320 articles and 09 Appendices, with more than 1000 legal principles, the UNCLOS 1982 is considered as a “constitution on the sea and ocean for mankind”. This paper clearly focuses on the basic problems of the UNCLOS 1982, reviews the major contribution of this convention to the development process of International Law as well as the process of being an useful tool for sea and ocean governance in peace, creating an effective dispute settlement mechanism. In addition, the paper also states challenges from the climate change, environmental security, and sovereign claims of countries to the UNCLOS 1982 and the modern International Law of the Sea, on that basis, points out issues that need to be considered, amended and supplemented in order to complement the UNCLOS 1982.