I hope you brought your towel… Posted by James Lamond

… because today is World Ocean’s Day.

 And this means it's a great opportunity to discuss the Law of the Seas Treaty. 

United Nation Law of the Seas Convention is one of rare no-brainers in the policy world where basically everyone agrees.  It is supported by just about every interest group there is, which has created the most unthinkable alliance. As Spencer  Boyer and Don Kraus write, “Fortunately, there are benefits in this treaty for just about everyone -- including environmentalists, business associations, oil, shipping, and fishing companies, and the military - who all support ratification. Both Democratic and Republican lawmakers are largely in favor.”

In addition, since 1983, by President Reagan’s order, the United States has been voluntarily operating under the regulations of the treaty. So ratification would not alter American foreign or domestic policy.  

So if everyone loves the treaty, and it would not force any change in policy for the U.S why hasn’t it been ratified?

CFR explains:

On July 29, 1994, President Bill Clinton signed the Agreement on the Implementation of Part XI of the convention on the Law of the Sea. He sent the agreement, along with the 1982 convention, to the Senate on October 7, 1994 (Appendix II). The following month, Republicans won control of the Senate, and in January 1995, Senator Jesse Helms (R-NC) became chairman of the Senate Foreign Relations Committee. Worried that the convention had not been fixed and that it sacrificed U.S. sovereignty, Senator Helms refused to hold committee hearings.

In 2003, Senator Richard Lugar succeeded Helms as chairman and, with the encouragement of the Bush administration, put the convention on the SFRC agenda. Senator Lugar held hearings, beginning with public witnesses and followed by government and industry witnesses a week later. In 2004, additional public hearings were held by the Armed Services Committee and the Committee on Environment and Public Works. A closed hearing was held by the Select Committee on Intelligence, which determined that joining the convention would not adversely affect U.S. intelligence activities. The SFRC prepared a draft resolution of advice and consent, and recommended Senate approval by a unanimous recommendation. The convention was sent to the full Senate, only to be delayed when then Senate majority leader William Frist (R-TN) did not bring it to the floor for a vote.

Senator Frist declined to run for reelection in 2006, and the Democrats won a majority in the midterm elections. With Senator Harry Reid (D-NV) as majority leader and Senator Joseph Biden (D-DE) taking over as chair of the SFRC, prospects for approval of the convention brightened. Letters of support from National Security Adviser Stephen Hadley and President Bush gave further impetus (see Appendix II). However, Chairman Biden and the next ranking committee member, Senator Christopher Dodd (D-CT), were actively campaigning for the Democratic presidential nomination, and little progress was made during the early 2007 session of Congress. Eventually, testimony was taken during fall hearings, and the SFRC received letters from the chair and ranking member of the Armed Services Committee and the Select Committee on Intelligence, reaffirming their prior support of the convention. On October 31, 2007, the SFRC again approved the convention by a vote of 17–4, and the official report and recommendation for approval were submitted to the full Senate in December.

By the late autumn of 2007, the convention had become a small but notable issue in the Republican presidential campaign. Senator John McCain (R-AZ), who had a decadelong history of supporting the treaty, changed his position and opposed the convention. By early 2008, the heat of the presidential campaign brought progress on the convention to a halt. Then, following the election, the Senate’s attention was taken by the growing economic crisis, precluding consideration of the convention during the lame-duck session.

So, basically the treaty, which has been supported by environmentalists, business interests, the military,  Democrats and (most) Republicans, has been hijacked several times by ideologically driven conservatives. 

Today, as certain challenges emerge- such as a growing Chinese navy, the rise in maritime piracy off the coast of Somalia, increasing environmental problems, and the opening of the Arctic shelf for mineral extraction and shipping- internaitonal agreements to govern truly international territory, which the oceans are, becomes more pragmatic and important than ever.  Hopefully, if the treaty comes before the Senate again sometime soon, a select few right wing ideologues will not hold the entire country back.

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