U.S. National Security
The United States can strengthen its national security posture by ratifying the Law of the Sea Treaty. This view is held by senior U.S. military and government officials, including President Obama, Secretary of State Clinton, and Admiral M. G. Mullen, Chair of the Joint Chiefs of Staff of the U.S. armed services. Opponents of the Treaty falsely claim that ratification will force the U.S. to cede sovereignty to the United Nations and leave dispute resolution in the hands of the International Court of Justice. In reality the Treaty would require other nations to respect U.S. rights and maritime borders. More importantly, U.S. military operations would be excluded from the Treaty’s provisions for dispute resolution.1
U.S. Military Readiness and Global Maritime Freedom
The Law of the Sea protects and guarantees the rights of U.S. military and commercial vessels to “innocent passage” (non-hostile) through foreign waters. In an increasingly globalized world with constantly emerging security threats, it is more imperative than ever for the U.S. military to have the freedom to navigate and operate whenever and wherever it must respond to threats. In testimony before the Senate Foreign Relations committee, former Chief of Naval Operations Vernon Clark confirmed that the treaty “reaffirms the sovereign immunity of our warships and other public vessels.”2 Admiral Clark added that the Treaty provides a framework to challenge states seeking to illegally expand their maritime jurisdiction by restricting the movement of vessels of other nations in international waters.
Other experts see ratification of the Treaty as the fulfillment of America’s legal obligation to protect members of its armed forces and to allow them to perform their duties effectively.
Confronting Threats to National Security
By ratifying the Law of the Sea Treaty, the United States will improve its ability to combat terrorism and prevent the shipment of weapons of mass destruction. U.S. participation in the Treaty will strengthen maritime coalitions and further important national security alliances such as the Proliferation Security Initiative (PSI).3 This security initiative, supported by more than 90 nations, was established to disrupt illegal shipments of weapons of mass destruction and their delivery systems. It relies, in part, on the Law of the Sea Treaty, but U.S. failure to ratify the Treaty has precluded several nations from joining the PSI, contending that their legislatures will not endorse membership without U.S. participation.
Energy and National Security
The Treaty recognizes that countries may claim territory beyond the generally accepted 200-mile Exclusive Economic Zone (EEZ) if their continental shelf extends farther than 200 miles. The United States would be able to take advantage of this provision because its continental shelf extends from Alaska into Arctic waters. Conflicting claims to these seabed areas and their resources come under the jurisdiction of the Law of the Sea Treaty, emphasizing the importance of a U.S. role in the process. The volatility of energy prices and the inexorable link between energy and national security further underscore the necessity of U.S. ratification.
Piracy on the High Seas
Piracy on the high seas is one of the oldest international crimes, and the Treaty contains strong provisions for combating it. Under its terms, any State has the power to seize a pirate ship or aircraft in international waters. Also known as the principle of universal jurisdiction, this provision gives the arresting State the power to “decide upon the penalties to be imposed” and to determine the action to be taken with regard to the ships, aircraft or property.4
Prominent Organizations and Individuals Who Support Ratification
| American Association for the Advancement of Science
American Bar Association American Chemistry Council American Geological Institute American Geophysical Union American Petroleum Institute Richard L. Armitage, former Deputy Secretary, U.S. Department of State Association of the United States Navy AT&T James Baker III, former U.S. Secretary of State John B. Bellinger III, former Legal Advisor, U.S. Department of State George W. Bush, former President of the United States Chamber of Shipping of America Citizens for Global Solutions Bill Clinton, former President of the United States Admiral Thomas Collins USCG (Ret.), former Commandant of the U.S. Coast Guard Consortium for Ocean Leadership Former U.S. Rep. James C. Greenwood Former U.S. Rep. Lee H. Hamilton, President and Director of the Woodrow Wilson International Center for Scholars International Association of Drilling Contractors Institute for 21st Century Energy Joint Ocean Commission Initiative |
Admiral Robert Kramek, USCG (Ret.), former Commandant of the U.S. Coast Guard
Oregon Governor Ted Kulongoski Admiral James M. Loy, USCG (Ret.), former Commandant of the U.S. Coast Guard, former Deputy Secretary of Homeland Security Dennis V. McGinn, Vice Admiral, U.S. Navy, Retired National Fisheries Institute National Governors Association National Marine Manufacturers Association National Ocean Industries Association Natural Resources Defense Council The Pew Charitable Trusts Pennsylvania Governor Ed Rendell The Port Authority of New York and New Jersey Rule of Law Committee for the Oceans Shell U.S. Arctic Research Commission U.S. Chamber of Commerce USTelecom Verizon Former Senator John W. Warner, former Secretary of the Navy and former Chairman of the Senate Armed Services Committee Admiral James D. Watkins USN (Ret.), former Chief of Naval Operations World Wildlife Fund – US Admiral Paul A. Yost, Jr. USCG (Ret.), former Commandant of the U.S. Coast Guard |
1 Testimony of John D. Negroponte, Deputy Secretary, U.S. Department of State, before the Senate Foreign Relations Committee, September 27, 2007, p. 5, http://foreign.senate.gov/testimony/2007/NegroponteTestimony070927.pdf.
2 Statement of Admiral Vern Clark, U.S. Navy Chief of Naval Operations, before the Senate Armed Services Committee on the Law of the Sea Convention, April 8, 2004, p. 3, http://www.oceanlaw.org/index.php?name=News&file=article&sid=5.
3 Statement of Admiral Patrick Walsh, U.S. Navy Vice Chief of Naval Operations before the Senate Committee on Foreign Relations Hearing on the Law of the Sea Convention, September 27, 2007, p. 6, http://www.jag.navy.mil/documents/testWalshTestimony070927.pdf.
4 United Nations Convention on the Law of the Sea, Part VII, Section 1, Article 105. http://www.un.org/Depts/los/convention_agreements/texts/unclos/part7.htm.
