A report released Tuesday assessing the United Nations Convention on the Law of the Sea (UNCLOS) has proposed the international treaty should be viewed in an objective, holistic and dialectical manner, while recognizing challenges in its implementation.

The report, by the China Institute for Marine Affairs under the Ministry of Natural Resources, said emerging issues such as climate change and artificial intelligence had arisen beyond the UNCLOS drafters' foresight, leading to its interpretation and application being constantly challenged.

It offered a comprehensive evaluation of the convention's historical achievements, legal nature, role and functions on the 30th anniversary of China's accession to UNCLOS.

Abusive practices have been rising, including distortion of the meaning of UNCLOS provisions, abuse of its dispute settlement procedures and arbitrary expansion of judicial or arbitral jurisdiction, the report noted. It argued such moves are progressively weakening the solemnity, integrity and authority of UNCLOS.

The report emphasized UNCLOS neither covers all law-of-the-sea issues, nor stands as the sole source of the law of the sea, adding that matters not regulated by UNCLOS should be governed by general international law.

Other international organizations, such as the International Maritime Organization, and customary international law should continue to govern maritime affairs within their respective domains, it said.

To overcome the challenges confronting the implementation of the Convention, and to improve global ocean governance, the report proposed joint efforts in advancing the four global initiatives put forward by China.

It recognized UNCLOS as a significant achievement in the post-war development of the international legal order for the seas and oceans, citing its critical role in areas such as upholding multilateralism and advancing sustainable marine development. The report included academic commentary from renowned international law scholars across more than 10 countries. 

Source: Xinhua