Ratify Law of the Sea

Global warming is affecting the Arctic more rapidly and more visibly than anywhere else on Earth. The melting polar icecap opens unprecedented prospects for Arctic nations, including shorter routes for shipping, larger commercial fishing areas, and opportunities for drilling, defense and other previously unexplored activities. This emerging marine world will be governed under the Law of the Sea Treaty. Of the five Arctic nations—Canada, Denmark, Norway, Russia and the U.S.—only the U.S. has not yet ratified the Treaty. Although U.S. laws are written in accordance with the Law of the Sea, until the U.S. ratifies this accord, it will have no say in how the Treaty evolves as the physical and geopolitical environment in the Arctic continues to heat up.

The National Oceanic and Atmospheric Administration (NOAA)
The Arctic Ice Melt for 2008
Last year in 2007, the Arctic had the lowest concentration of sea ice that was ever recorded. In 2008, the melt was not quite as extreme, but still well below the normal levels.

Commercial Shipping

According to experts, global warming could completely melt the Arctic’s ice cover during summer months as early as 2013.¹ With new transpolar trade routes open, shorter distances and significant fuel savings for ocean-going vessels could produce a seismic shift in commercial shipping and world trade patterns.

Currently, marine shipping vessels between major East Asian exporting countries and European and North American markets must travel through the Suez or Panama Canals. A route from China through the Northwest Passage to the North Atlantic would save more than 4,000 nautical miles, enabling companies to cut fuel and shipping costs dramatically. The Northern Sea Route between the Pacific and Atlantic Oceans, for example, would shorten the sailing distance between the Dutch port of Rotterdam and Yokohama, Japan, from 11,200 nautical miles to only 6,500 nautical miles and save an estimated 40 percent in shipping costs.²

Ratification of the Law of the Sea Treaty will also legally guarantee the Rights of Innocent and Transit Passage and ensure safe, uninterrupted flow of commerce to and from U.S. shores through new routes. The Treaty also gives the U.S. authority to prescribe conditions (related to safety or environmental concerns) for foreign vessels entering its 200-mile Exclusive Economic Zone (EEZ). For these reasons, both the Chamber of Shipping of America and the World Shipping Council support U.S. ratification of the Law of the Sea Treaty.³

Foreign Policy Association
Great Decisions 2009: The Race for the Arctic
Rising global temperatures have created new opportunities in the Arctic for resource extraction and inter-continental transport. The Foreign Policy Association brings together top experts on the Arctic to discuss the geopolitical implications of a melting Arctic ice cap.

Commercial Fishing

As the world’s fishing resources decline from industrial overfishing and ineffective management, the race to catch fish in ice-free Arctic waters will accelerate. Populations of commercially valuable seafood species such as pollock, cod and crab could continue to expand in the Arctic as water warms and ice unlocks. As Arctic nations assert their claims over continental shelves, it will be critical for the United States to be an active participant at the negotiating table, especially in determining how these newly opened fishing grounds are managed.

Extended EEZ and the Race for Arctic Resources

Recent surveys by the U.S. Geological Survey have shown that almost a quarter of the Earth’s undiscovered oil and natural gas are located beneath the Arctic seabed.⁴ The Law of the Sea Treaty recognizes that all coastal nations are legally entitled to the ocean resources within their EEZs and to the edge of the outer continental shelf, if they can show geological evidence that connects their EEZ to the continental shelf. These claims must hold up under international scrutiny at the International Seabed Authority (ISA).

Of the Arctic nations, Russia has been the most aggressive in staking claims to Arctic reserves, with Greenland following close behind. In 2007, Russia sent two miniature submarines to plant the Russian flag on the sea floor of the North Pole, signaling an intent to secure access to potential oil and gas reserves. Russian President Dmitry Medvedev reiterated his nation’s objective by serving notice in March 2009 to the other Arctic nations that Russia aims to make the Arctic its energy resource base for this century.⁵

Similarly, in 2008, Greenland, a former Danish colony, voted unanimously for greater independence. The move was motivated, in part, by a desire to reduce its profit-sharing relationship with Denmark and to retain greater control of natural resources such as oil, which could be extracted from unexplored offshore areas in the Arctic.⁶

The U.S. is the only Arctic nation that cannot legally dispute the claims of other nations to resources there. It can hold no seat at the International Seabed Authority until the U.S. Senate ratifies the Law of the Sea Treaty. Above all, the U.S. is prevented from asserting a leadership role when rights to the Arctic’s areas and resources are debated and interpreted.

Militarization of the Arctic and Binding Dispute Resolution

The increased interest in seizing the Arctic’s valuable resources has led to increased militarization in the region. Canada is considering expanding its icebreaker fleet and establishing military facilities along what could be the long-sought-after Northwest Passage.⁷ Russia has openly declared its intention to create a dedicated military force in the Arctic.⁸ In March 2009, Russian bombers and a submarine crossed into Canada’s Arctic area, prompting the Canadian government to demand clarification of national boundaries.

Russia Today
Russia to create Arctic armed forces
March 27, 2009
Russia Today reports that the Russian government intends to create a standing Arctic military force to protect its national interests. However, officials say this is not a plan to militarize the region.

It is imperative that the U.S. ratify the Law of the Sea Treaty, especially as the vast resources of the Arctic become more apparent to an energy-hungry world. The international agreement will ensure that potential clashes over resources and territory can be settled under a single, binding procedure.

Conclusion

A wide range of individuals and groups, including members of the U.S. military, oil and gas industries, environmental organizations and representatives of the U.S. Senate Foreign Relations Committee have recognized that it is in the best interests of the U.S. to ratify the Law of the Sea Treaty and begin the process of registering claims to extend the outer limits of its continental margin in the Arctic. Ratification will secure our domestic rights to access and manage resources there and give the U.S. the right to participate in negotiations over the development and responsible management of resources in the region.

NASA: Record Sea Ice Minimum