White House Pushes To Ratify Law of Sea Treaty; Conservative Groups Resist

The Council on Foreign Relations has released a new backgrounder by author Maggie Goodlander that discusses the Convention of the Law of the Sea, a treaty endorsed by the administration of President George W. Bush but resisted by a group of conservatives in the U.S. Congress.

The new report, called "Is the United States Ready to Approve the Law of the Sea Treaty," says the treaty "...provides universal legal standards for shipping, fishing, and mining and codifies customary navigation and transit principles already followed by most states." Advocates of the treaty cite improved security at sea for the United States. Opponents are hesitant to endorse the treaty because of possible effects on U.S. industry and counterterrorism efforts.

Providing some background on the treaty, the report briefly lays out the 1982 Law of the Seas Convention and why it came about. Then-President Ronald Reagan refused to endorse the treaty for the United States. The next section of the backgrounder outlines the provisions of the treaty, including territorial limitations and navigation rights, exclusive economic zones, continental shelves, and the protection of marine life.

According to the backgrounder, the Law of the Sea Treaty uses the "Common Heritage of Mankind" principle, a principle that says "...maritime resources cannot be claimed or controlled by any one individual or nation." This is not to say that there are not sovereign territorial areas for nations. Outside of fixed national areas, though, control is through the Law of the Sea Treaty. An eleven-member panel in Kingston, Jamaica, is charged with resolving international disputes outside of national maritime areas.

The primary objections to the treaty, as listed in the report, include the possible endangerment of U.S. sovereignty, potential harm to U.S. economic interests, and the possible weakening of U.S. national security. Proponents of the treaty counter that the U.S. government is guaranteed veto power of decisions made under the treaty.

Whether or not the treaty will ultimately be ratified is still very much up in the air. The backgrounder quotes Don Kraus of Citizens for Global Solutions, an advocacy group based in the United States, as saying, "if the Senate doesn't act on ratification before the summer recess [in August], it may miss the golden opportunity to address the increasing fragility of the oceans."

The backgrounder by Ms. Goodlander is available for viewing on the Council on Foreign Relations web site.

Source: Council on Foreign Relations Backgrounder, July 19, 2007