During the Nixon administration, negotiations began to create a common, international set of rules for the oceans. Now, almost 40 years later, the United States is on the verge of joining the 155 nations that have ratified the United Nations Convention on the Law of the Sea (LOS). The treaty defines maritime zones, protects the environment, preserves freedom of navigation, and establishes clear guidelines for businesses that depend on the sea for resources. Until the United States ratifies the treaty, its rights at sea will lack international recognition.

Negotiations to create the Law of the Sea began during the Nixon administration but did not conclude until the Reagan administration. President Reagan issued an executive order commanding all U.S. agencies to act in accordance with the treaty’s balance of interests.

However, due to concerns with the Convention’s treatment of deep seabed mining, the United States became one of four nations that voted against adoption of the treaty. During the George H.W. Bush administration, the United States negotiated an annex to the treaty that addressed all of President Reagan’s concerns. The United States finalized and signed the treaty during the Clinton administration.

In 2004, with the support of the current Bush administration, the Senate Foreign Relations Committee unanimously approved the Law of the Sea Convention. However, the treaty did not come to the floor for a full vote.

On May 15, 2007, President Bush publicly urged the Senate to “to act favorably on U.S. accession to the United Nations Convention on the Law of the Sea during this session of Congress.” He said that joining “will serve the national security interests of the United States, including the maritime mobility of our armed forces worldwide. It will secure U.S. sovereign rights over extensive marine areas, including the valuable natural resources they contain.

Accession will promote U.S. interests in the environmental health of the oceans. And it will give the United States a seat at the table when the rights that are vital to our interests are debated and interpreted.”

Currently, hearings are being planned by the Senate Foreign Relations Committee and it is hopeful that the Convention will be brought to the Senate floor for advice and consent during this session. This briefing book for policy makers discusses core issues surrounding the treaty and identifies the individuals and institutions that support U.S. ratification of the convention. (Introduction)

Visit Law of the Sea Briefing Book Download Page

This 124 page document includes:

    * Talking Points and Background Info
    * What U.S. Officials are Saying
    * Organizational and Business Support
    * Law of the Sea in the Media
    * Links to More Information (treaty text, etc.)

Download Law of the Sea Briefing Book

PDF format, 5.2MB, 126 Pages.

What Is Law of the Sea?

The U.N. Convention on the Law of the Sea (LOS) is a set of rules for the use of the world’s oceans, which cover 70 percent of the Earth’s surface. The Convention was concluded in 1982 to replace a group of 1958 treaties that were out of date and unfavorable to America’s economy and security. LOS came into force in 1994, and to date, 152 countries and the European Commission have joined the treaty. The United States has not.

LOS Functions

Its primary functions are to define maritime zones, protect the environment, preserve freedom of navigation and establish clear guidelines for businesses that depend on the sea for resources.

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