The UN Convention on the Law of the Sea was opened for signature in 1982 and entered into force on November 16, 1994, one year after it received its 60th ratification accession. The treaty, sometimes described as a "constitution for the oceans," establishes a legal regime governing activities on, over, and under the world's oceans. It serves as a critical instrument for preventing violent conflict and protecting the earth's resources. As the UN explains:
"The 1982 United Nations Convention on the Law of the Sea provides, for the first time, a universal legal framework for the rational management of marine resources and their conservation for future generations. Rarely has such radical change been achieved peacefully, by consensus of the world community. It has thus been hailed as the most important international achievement since the approval of the United Nations Charter in 1945."1
FCNL and Quakers have a long history of advocacy for the Law of the Sea Treaty. Sam and Miriam Levering, Friends from North Carolina, labored for more than a decade to help develop and advance negotiations for the Law of the Sea. During the 1970s, Sam and Miriam worked out of FCNL's office as they diligently and patiently advocated to keep the oceans part of "the common heritage of mankind" and negotiated with governments on the treaty's final language.
U.S. support for this treaty was a major catalyst for its development. Beginning with the Reagan Administration, successive U.S. administrations have concluded that having a comprehensive legal framework governing the use of the world's oceans would help stabilize the geopolitical environment. However, the U.S. has yet to ratify the treaty. The Reagan Administration found some of the provisions of the treaty relating to deep seabed mining contrary to U.S. interests and would not sign or act to ratify the Convention. Yet, because the past four administrations have viewed the treaty overall as being in the interest of the U.S., the U.S. has abided by all of its provisions other than the deep seabed mining provisions.
In April 1993, the Clinton Administration decided to actively participate in consultations on the outstanding issues hindering universal acceptance. These consultations led to an agreement which amended various seabed related sections of the Convention and satisfied the concerns of U.S. negotiators. President Clinton transmitted the Convention to the Senate in October of 1994, where it remains to this day.2
What the Treaty States
For centuries, nation-states' jurisdiction over the world's oceans has been confined by tradition to a narrow belt of sea surrounding a state's coastline. The remainder of the seas was proclaimed to be free to all and belonging to none.3 The Law of the Sea Convention maintains and formalizes this longstanding norm in order to limit disputes between states. The treaty includes provisions concerning: navigational rights, territorial sea limits, economic jurisdiction, protection of the marine environment, a marine research regime, and a binding procedure for settlement of disputes between states.4 In short, the Convention is an unprecedented attempt by the international community to regulate all aspects of the ocean, and thus bring a stable order to seven-tenths of the world's surface.
U.S. accession to the treaty is especially important today. The oceans serve as a vital source of food and fuel, means of trade and commerce, and regulator of global climates. Despite the importance of the seas to the well-being of humanity, the increased growth in population, resource demand, and trade has put the oceans under unprecedented stress. The world's fish stocks are rapidly deteriorating, global trade via the seas is rapidly expanding, and marine ecosystems are under stress from pollution, global warming, and other human activities. In order to preserve and restore the oceans, safeguard international trade, and prevent conflicts that may arise, a comprehensive framework for governing humanity's use of the seas is needed now.
Although most of what is included in the Convention is covered by existing customary international law, it is important for the law to be enshrined in treaty form. Customary international law may be changed by the practice of states over time and does not offer the stability that comes with a treaty. The U.S. would clearly benefit from such stability.
Senate Ratification
On February 25, 2004, the Senate Foreign Relations Committee approved the UN Law of the Sea Convention by a unanimous vote of 15-0. With the strong support of the Senate Foreign Relations Committee as well as the Bush Administration, it looked like the treaty would quickly be approved by the full Senate. The treaty enjoys broad support by environmental groups, the shipping industry, the fishing industry, the U.S. Navy, as well as organizations which support international law and conflict prevention.
Yet, since then, some in the Senate hope to block a vote on this treaty and thus prevent its ratification citing concerns that the treaty would undermine U.S. sovereignty. To this, Senate Foreign Relations Committee Ranking Member Lugar (IN) responds, "Only ideological distrust of treaties in general, and a misguided belief that we might be better as a free-rider than as an active leader in oceans policy, have kept us out of an agreement that serves our national interest and improves security."
Senate ratification of the treaty would be an important step to help strengthen international law, protect the earth's natural resources, and prevent violent conflict.
Updated May 2009:
In early May 2009, Senate Foreign Relations Committee Chairman John Kerry (MA) noted during a hearing that he is working to craft a strategy to ratify the Law of the Sea. Ratification of the Law of the Sea would require 67 votes. Finding enough votes will not be the challenge.
FCNL and other groups believe that as many as 80 senators support ratification of the treaty. Unfortunately, the few Senators who disapprove of the treaty will likely attempt to block ratification of the treaty and waste the Senate's precious floor time.
End Notes
1. "Oceans and the Law of the Sea." Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs, United Nations. Available at http://www.un.org/Depts/los/index.htm.
2. Marjorie Ann Browne. "The Law of the Sea Convention and U.S. Policy." Congressional Research Service. March 19, 2003.
3. "The United National Convention on the Law of the Sea: A Historical Perspective." UN Division of Oceanic Affairs, 1998.
4. Ibid.
