The Socialist Republic of Vietnam and the Law of the Sea: An analysis of Vietnamese behavior within the emerging international oceans regime

The Socialist Republic of Vietnam emerged as an active participant in oceans politics in Southeast Asia and in the Third United Nations Conference on the Law of the Sea in 1977. Vietnam's approach to settlement of multiple overlapping maritime boundary and continental shelf claims and to accommodation on jurisdictional and functional issues has important implications for regional and global order and stability because of Vietnam's strategic location in the South China Sea and its geographical configuration, which affords it jurisdiction over significant maritime territory.; This study examines, within the framework of the 1982 Law of the Sea Convention, Vietnamese policies, practice and legal positions in oceans issue areas of greatest concern to the SRV. Major general factors influencing Vietnam' s behavior, the degree of participation in the formal law of the sea process and attitude toward international law are described. Jurisdictional areas dealt with include the territorial sea, contiguous zone, EEZ and continental shelf, with attention to use of straight baselines and historic waters zones, delimitation methods and dispute settlement. Maritime zone use issues, including navigation and overflight, fisheries and deep seabed mining are examined.; Attention is given to the influence of positions taken by the socialist states; to policies and interests of Laos and Cambodia because of their "special relationship" with the SRV; Vietnam's state interests; and to continuity and change from positions of the former Republic of Vietnam. Vietnam's own offshore hydrocarbon and fishery development programs, naval forces and merchant shipping are evaluated.; The role of law of the sea issues and policies in SRV relations with other Southeast Asian states and China is examined, both historically and with a view toward assessing future trends in bilateral and regional relations. Attention is given to ramifications of maritime boundary problems with Cambodia and China, the transit relationship with Laos, implications of the fisheries dispute with Thailand, and continental shelf delimitation with Indonesia. The study concludes with an evaluation of the utility and relative success of SRV law of the sea policies and implications for confrontation or cooperation bilaterally and regionally.