National Law of the Sea

National Law of the Sea

Vietnam's National Law of the Sea in 2013

United States views on international law [1] in relation to Vietnam's National Law of the Sea: On June 21, 2012, the Socialist Republic of Vietnam adopted the Law of the Sea of Vietnam, which took effect in January 2013. The United States has protested prior versions of Vietnam's maritime law as contrary to the international law of the sea. Additionally, U.S. Navy warships have challenged these excessive maritime claims as part of the U.S. Freedom of Navigation Program. The new Law of the Sea of Vietnam addresses some past concerns conveyed by the United States, but other impermissible restrictions relating to the rights, freedoms, and lawful uses of the sea remain in the new law. Accordingly, the United States conveyed its ongoing concerns with Vietnam's maritime law in an October 7, 2013 diplomatic note, excerpted below.

Some Aspects of Vietnam's National Law of the Sea

The United States compliments Vietnam's earnest efforts to harmonize its maritime law with international law as reflected in the U.N. Convention on the Law of the Sea (“Convention”) and notes the many positive aspects of the Law in this regard. In particular, the United States notes that the Law does not require prior permission for foreign warships to conduct innocent passage in the territorial sea nor is prior notification or permission required for foreign warships to operate in the contiguous zone. Further, the Law provides that the Convention will prevail in the event of differences between the Law and treaties to which Vietnam is a Party. The United States welcomes these developments and congratulates Vietnam on the general alignment of the structure of the Law with the structure of the Convention.

Developments

The United States wishes to provide additional observations on the consistency of the Law with the Convention. Regrettably, the Law contains provisions that are not consistent with the Convention. To the extent that similar provisions in Vietnam law were the subject of previous communications, the United States wishes to remind Vietnam of those communications and restates them in the context of the Law.

Details

In this regard, the United States notes in particular that Article 8 of the Law provides for the use of straight baselines from which to measure maritime zones; Article 12 conditions innocent passage of foreign military vessels in the territorial sea on the provision of prior notification; and Article 37 forbids in the exclusive economic zone acts against the sovereignty, defense, and security of Vietnam. The United States recalls its previous communications with Vietnam on the establishment of baselines, the rights and freedoms of foreign military vessels, and the limits of coastal State authority in the exclusive economic zone and notes that the views stated in those communications apply to the same extent with respect to the Law.

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Additionally, the Law contains other provisions that are inconsistent with international law as reflected in the Convention. Among these provisions, Article 12 asserts sovereignty over archeological and historical objects in the territorial sea, the application of which to sunken foreign military ships and aircraft is uncertain. The United States views such ships and aircraft as remaining the property of the foreign flag State unless expressly abandoned or transferred and that disturbance or recovery of such ships and aircraft should not occur without the express permission of the foreign flag State. The Law also conditions the laying of submarine cables in the exclusive economic zone and on the continental shelf on written consent of Vietnam (Article 16); and provides that the threat or use of force against other countries renders passage in the territorial sea not innocent (Article 23). The United States notes further that Article 24 of the Law addresses obligations of nuclear-powered vessels or vessels transporting radioactive, noxious, or dangerous substances, and states its understanding that Article 24.2 of the Law is to be read in conjunction with and limited by Article 23 of the Convention.

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The United States thus reserves its rights and those of its nationals with respect to those provisions of the Law that are not consistent with the Convention. The United States requests that the Government of Vietnam review these provisions of the Law and provide assurances that the Law will be implemented in a manner consistent with international law as reflected in the Convention.

Resources

Notes

  1. Vietnam's National Law of the Sea in the Digest of United States Practice in International Law

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