Talking Points: UN Convention on the Law of the Sea

Contents

1) Although the United States is a leading maritime power, has one of the world’s longest coastlines and some of the most resource-rich waters, we remain outside the world’s pre-eminent legal regime for the oceans. For too long, the United States has isolated itself from this widely-supported treaty and the important bodies it established to promote cooperation and dialogue on the full spectrum of oceans issues. A total of 158 countries are currently parties to the treaty.

2) By joining the UN Convention on the Law of the Sea, which the United States helped draft and has long sought, we will demonstrate to other nations that the United States is truly committed to working within a global system based on international law and cooperation. 

3) US ratification of the UN Convention on the Law of the Sea is endorsed by a diverse collection of experts, policymakers, and civil society groups, including the Obama Administration, Senate leaders, environmental organizations, and oceans industries. 

4) The treaty provides a model framework for marine conservation. The treaty's comprehensive environmental provisions mandate international cooperation and define rights, obligations and principles for protecting the world's oceans. The treaty requires states parties to protect and preserve the marine environment, and to prevent, reduce, and control maritime pollution. The treaty also promotes, and protects the right to conduct, scientific research.

5) Joining the treaty would greatly strengthen US influence over the development and interpretation of ocean law and policy. Failure to ratify the treaty prevents the United States from fully participating in key decision-making bodies such as the Commission on the Limits of the Continental Shelf, the International Tribunal for the Law of the Sea, and the International Seabed Authority. These institutions make important decisions affecting US interests, such as delineating continental shelf boundaries for coastal states.

6) Ratification would promote US economic interests. As with its national security benefits, the United States has far more to gain than any other country from the economic protections provided by the treaty. The treaty establishes exclusive economic zones for coastal states, extending up to 200 miles from shore. The United States, with some of the world's richest waters and its longest coastline, would be guaranteed sole jurisdiction over extensive fisheries and oil and gas reserves. The treaty would also protect the United States' right to exploit our valuable continental shelf resources beyond the limit of the exclusive economic zone. Additionally, the treaty safeguards navigational rights for commercial vessels and the laying of submarine cables and pipelines.

7) If ratified, the treaty would provide important benefits for US national security and the war on terrorism. The treaty safeguards the global mobility of our armed forces by securing vital maritime navigation and overflight rights, helping to ensure that our military can quickly respond to today's global threats.

8) All initial concerns preventing the United States from ratifying the treaty were fully rectified by a legally-binding agreement concluded and signed by the Clinton Administration in 1994. By altering provisions concerning deep seabed mining, the agreement cleared the way for formal US accession to the treaty. Every administration beginning with President Reagan has declared the United States' intention to abide by all treaty provisions except for those concerning deep seabed mining.  

June 2009