Ratify Law of the Sea

The Law of the Sea Treaty ensures international stability and peaceful use of the largest areas of the “global commons,” the world’s seas and oceans. The Treaty clearly defines its members’ rights to offshore fishing, deep sea mining and navigation, while conserving ocean resources for future generations. In 1982, after 25 years of diplomatic efforts, the United States successfully completed negotiations with 140 nations on the Treaty and created a legal regime that would protect America’s national security interests and enhance its economic and environmental interests. At the time, President Reagan refused to sign the Treaty, citing concerns over the details of deep sea mining rights. In 1994, however, modifications to the Treaty addressed this issue and it entered into force. To date, 156 countries and the European Community have signed and ratified the Treaty. The United States, however, has yet to ratify it due to the ideological opposition to United Nations agreements of some U.S. Senators.

The United States would be the single largest beneficiary of the Treaty because it has the largest Exclusive Economic Zone (EEZ) of any nation in the world. Yet even after the dispute over mineral rights has been resolved, the United States remains one of only 22 countries (including Libya and North Korea) declining to ratify the Treaty. The U.S. already follows customary law that coincides with the Treaty and no U.S. laws would need to be changed following ratification. By rejecting ratification, our government has no voice on matters ranging from amendments of the Treaty to mineral claims in Arctic resources.

Key Treaty Facts

The Treaty codifies and strengthens freedom of ocean navigation and over-flight which are essential to U.S. military mobility and its global maritime freedom.

• The Treaty secures exclusive rights for the United States to use and enjoy all the living and non-living resources of its 200-mile marine EEZ and, in some cases, farther out to the edge of the continental shelf. The area between the current EEZ and the end of the continental shelf would place more than 291,000 square miles of high seas under American authority, an area larger than Texas.
• The Treaty gives the U.S. the right to claim its share of resources that become accessible as the Arctic icecap melts. The U.S. Geological Survey estimates that about one-quarter of the world’s undiscovered oil and natural gas lies beneath the Arctic. Ratification of the Treaty and delineation of the continental margins will secure America’s ownership of a portion of these valuable resources.
• The Treaty contains special measures for all nations to protect and preserve the marine environment both globally and regionally. These measures empower nations to stop harmful pollution and illegal extraction from foreign sources that have been previously unregulated.

U.S. ratification of the Treaty is supported by a diverse group of stakeholders that includes business interests, energy companies and conservationists along with the highest levels of the U.S. military. As a party to the Treaty, the United States could lead future negotiations under the agreement, fostering regional and international cooperation, while promoting its domestic security interests. Until U.S. ratification, however, it will have no voice in the international debate over the security of our seas.

Prominent Organizations and Individuals Who Support Ratification