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Status of US Membership: U.S. has not yet ratified the treaty and therefore is not a state party.  The treaty is currently being considered by the U.S. Senate.

Key Terms: The United Nations Convention on the Law of the Sea is an international agreement that establishes a comprehensive set of rules governing the uses of the world's oceans. Among the central issues addressed by the Convention are the use of the oceans for navigation and overflight; exploitation and conservation of ocean-based resources such as oil and gas and fisheries resources; protection of the marine environment from pollution; and marine scientific research.  It gives countries sovereignty over navigation out to 12 nautical miles. It also establishes a 200 mile zone with respect to the natural resources of a coastline. Most importantly, it establishes standards of environmental protection for the waters and marine life, including provisions to limit pollution. As of March 2004, 145 countries are parties to the Convention.  

Status of US Compliance: The United States played a leading role in negotiating the Convention in the 1970s and early 1980s. Because of concerns about its deep sea mining provisions, however, the United States declined to sign the Convention when it was initially concluded in 1982. Subsequently, the United States led a successful effort to revise the deep sea mining provisions of the Convention. As a result, the United States signed the Convention in 1994. Although the Convention was submitted to the Senate for its advice and consent in October 1994, the first hearing was held in the Senate Foreign Relations Committee on October 21, 2003. The Senate Foreign Relations Committee approved the Convention by a vote of 19-0 on February 25. It will come before the Senate Environment and Public Works Committee on March 23, 2004.  The treaty must also be approved by a two-thirds vote of the full Senate.  The Bush Administration supports ratification.

Rationale for U.S. Ratification:  

• The world's oceans comprise more than 70% of the world's surface, contain 97% of the world's water, and produce one-third to one-half of the world's oxygen. If we are serious about protecting the environment, we must address the stewardship of our oceans.  This important treaty calls for measures to prevent and control marine pollution. It also recognizes that the world's oceans must be managed as a common resource of all of humanity. As a leader in the global arena, the US should ratify this treaty to affirm its commitment to an environmentally sustainable future.

• According to the U.S. Navy, the treaty supports U.S. efforts in the war on terrorism by providing important stability and codifying navigational and over-flight freedoms, while leaving unaffected intelligence collection activities. 

• Since we have not ratified the treaty, the US only has observer membership in the International Seabed Authority (ISA). The ISA makes important policy decisions regarding management of the seas that are beyond the limits of national jurisdiction, particularly with a view to administering the resources of that area. As a world power, the US should be an active participant in shaping the management policies of the global commons. Without full participation in the ISA, this is a more difficult task.

RESOURCES

Official website - Contains treaty text, status.

Interview with Senator Richard Lugar (R-IN) from Citizens for Global Solutions Spring 2004 Newsletter

Senate Foreign Relations Committee Hearings - Contains testimony of Bush administration officials, business associations and environmental groups in support of U.S. ratification of the Law of the Sea Treaty (T. Doc.103-39).  From October 21, 2003.

Senate Environment and Public Works Committee Hearings -- Contains testimony for and against ratification of the treaty.  From March 23, 2004.