Evidence: Recently Added
The first argument for United States accession to the Convention is the changing patterns of global trade, which place an increasing premium on freedom of the seas and maritime flexibility and mobility. Seaborne commerce today exceeds 3.5 billion tons annually and accounts for over 80% of the trade among nations. The United States, in particular, is increasingly dependent on unrestricted access to overseas resources and8 markets. Over 95% of U.S. import and export trade is transported by sea. Almost 50% of U.S. petroleum products is imported, and an increasing percentage of our gross9 national product, now in excess of 20%, is traded overseas. Recent agreements under the auspices of the General Agreement on Tariffs and Trade, as well as NAFTA, might well intensify this commerce. As the world's leading maritime power and de facto leader of the global maritime coalition, the United States must advocate strongly for the ability of ships and aircraft of all nations to move freely on, over, and under the sea anywhere on earth, not at the sufferance of coastal and straits states but as an internationally recognized legal right. The Convention guarantees this mobility and flexibility, and makes it less likely that naval forces will have to protect our economic use of the oceans militarily, by reaffirming and codifying traditional freedoms of navigation and over-flight.
Perhaps even more troubling than the above-mentioned structural vulnerability of undersea cables is the lack of security efforts and criminal sanctions by governments to protect undersea cables and deter future attacks. U.S. National Intelligence director James Clapper recently testified that cyber attacks, (by which he meant purely digital attacks like computer worms or viruses that can shut down the electrical grid or financial markets),69 are the nation's number one security priority.70 Clapper highlighted how much governments, utilities, and financial services rely on the Internet and therefore are vulnerable to cyber attack.71 Yet at the same time, protection of undersea cables (a critical infrastructure that supports the Internet) from physical attacks is sorely lacking. For example, in the United States, the willful destruction of an international submarine cable is punishable by a maximum of two years in prison and a mere $5,000 fine.72 This fine is hardly a deterrent, and is far out of proportion to the damage that such an act would cause. Furthermore, the United States has not joined the 162 countries that have signed onto the United Nations Convention on the Law of the Sea (UNCLOS).73 As a result, there are no UNCLOS security protections for U.S. undersea cables outside of U.S. waters.74 Only Australia and Singapore have created a single point of contact within their governments to address issues of undersea cable security and to coordinate with cable owners to combat hostile actions.75 On a worldwide level, no organization is responsible for undersea cables and there have been no international tests of cable defense systems.76 The maintenance and security of the cables is left to private trade organizations.77 Given the extent to which governments themselves rely on these cables,78 the current lack of a coherent undersea cable security strategy by governments must be remedied. The infrastructure itself is vulnerable, and governments like the United States are not yet taking adequate actions to protect it. It is not enough for governments like the United States to focus on digital attacks on Internet systems. They must also take action to protect the physical structure of the Internet.79
Most of the solutions that have been put forward by scholars focus on the structural security issues alone and what governments must do to secure this vital infrastructure. Douglas Burnett argues that governments should follow the lead of Australia and Singapore and coordinate a single point of contact for undersea cable issues.106 He suggests that the U.S. Navy should reach out to naval allies such as Canada and France as well as to cable industry representatives and together develop cable-protection strategies that enable the navy to respond quickly to pirate and terrorist attacks.107 Commander Michael Matis of the U.S. Navy recommends creating a new international cable construction regulatory regime that would promote greater international cooperation and information sharing.108 As part of that effort, he urges the United States to immediately ratify UNCLOS and encourages UNCLOS members to collectively update their legislation to protect cables and make it an international crime to tamper with them.109 These scholars understand that any action to increase the safety of undersea cables must be international. Models have shown that a cable break off the coasts of Marseille could have detrimental effects on data flow in and out of India.110 In other words, merely increasing security in one's own waters will not be sufficient. Any security strategy must be global in scope.
Undersea cable expert Douglas R. Burnett argues that "it is naYve to assume that submarine-cable landing stations, cables, the cable ships, and the marine depots that maintain the systems will escape asymmetric terrorist acts,"" and recent cases have proven that Burnett's concern is not unfounded. In 2007, "piracy was blamed in the theft of active submarine cables and equipment" off the coast of Vietnam." "In early 2008, over the course of just a few days, multiple cables were cut off the coasts of Egypt and Dubai," causing at least fourteen countries to lose a significant amount of data traffic." The "Maldives was entirely disconnectedfromtherestoftheworld."60 Theshorttimespanandclose proximity of these cuts raised suspicions of a deliberate attack.61 Most recently, in June 2010, terrorists in the Philippines struck an international cable.62 The public location of the cables and their lack of sophisticated armor or protection make them incredibly vulnerable to intentional attacks.
In 2008, for the first time in 17 years, the U.S. Minerals Management Service began selling oil and gas leases for drilling rights in the Outer Continental Shelf to meet escalating energy demand.58 U.S. and interna- tional corporations are flocking to the High North. Arctic development is generating considerable revenue for the U.S. government. British Petroleum is pursuing the Lib- erty Development Project, a drilling project in the OCS. In February 2008, Royal Dutch Shell paid $2.1 billion for 275 lease blocks in the Chukchi Sea Lease Sale 193. A total of seven companies partici- pated in the Chukchi Sea lease sale, which spans an area covering 5,354 blocks.59 In October 2009, the Interior Department approved two leases to Shell for exploration in the Beaufort Sea,60 conditioned on meeting strict environmental standards.61
Russian Militarization of the Arctic. The mili- tary is an important dimension of Moscow’s Arctic push. The policy calls for creating “general purpose military formations drawn from the Armed Forces of the Russian Federation” as well as “other troops and military formations [most importantly, border units] in the Arctic zone of the Russian Federation, capable of ensuring security under various military and political circumstances.”28 These formations will be drawn from the armed forces and from the “power ministries” (e.g., the Federal Security Service, Border Guard Service, and Internal Ministry). Above all, the policy calls for a coast guard to patrol Russia’s Arctic waters and estuaries.
Russia views the High North as a major staging area for a potential nuclear confrontation with the United States and has steadily expanded its military presence in the Arctic since 2007. This has included resuming air patrols over the Arctic, including stra- tegic bomber flights.29 During 2007 alone, Russian bombers penetrated Alaska’s 12-mile air defense zone 18 times.30
The Russian Navy is expanding its presence in the Arctic for the first time since the end of the Cold War, increasing the operational radius of the North- ern Fleet’s submarines. Russia is also reorienting its military strategy to meet threats to the country’s interests in the Arctic, particularly with regard to its continental shelf.31
LOST in the Arctic. The U.S. Arctic Region Pol- icy urges the Senate to approve U.S. accession to LOST. However, the U.S. can execute its Arctic policy without ratifying LOST.
At present, America is not bound by the treaty’s procedures and strictures, but the U.S. is pursuing its claims under international law as an indepen- dent, sovereign nation, relying on President Harry S. Truman’s Presidential Proclamation No. 2667, which declares that any hydrocarbon or other resources discovered beneath the U.S. continental shelf are the property of the United States.4 The U.S. has shown that it can successfully defend its rights and claims through bilateral negotiations and in multi- lateral venues, such as through the Arctic Ocean Conference, which met in Greenland in May 2008.
The United States is assuming the chair of the Arctic Council at a critical time. The Arctic Council has proven itself to be an effective and cooperative forum in which the eight Arctic States and Permanent Participants (organizations representing Arctic indigenous peoples) can come together to develop effective ways for managing this relatively pristine region of the world. We would like to continue strengthening the Arctic Council by moving it toward more practical, on-the-ground activities that will improve the environment and contribute to sustainable economic development for the people who live there.
The areas we are proposing to highlight during the U.S. Chairmanship are:
- Arctic Ocean Safety, Security, and Stewardship
- Improving Economic and Living Conditions
- Addressing the Impacts of Climate Change
As the amount of cable disruptions increases (i.e., more cables are cut), on the other hand, the amount of data traffic that is lost increases exponentially.33 For example, an analysis was done of possible disruptions of the cable lines connecting Europe and India.34 It found that although "India is fairly resilient in the case of one or two cable disruptions," nearly seventy percent of traffic to and from India would be lost with just three concurrent cable disruptions.35 Actual data exists that supports similar predictions.36 In 2006, an earthquake along the coast of Taiwan triggered undersea landslides and broke nine undersea cables.37 This event had repercussions extending beyond the country of Taiwan.38 Internet telecommunications linking Southeast Asia were seriously impaired.39 More than six hundred gigabits of capacity went offline, and trading of the Korean won temporarily stopped.40 Even a week after the quake, an Internet provider in Hong Kong publicly apologized for continued slow Internet speeds.41
Further, the United States needs to accede to UNCLOS to exert credible influence over the competing territorial claims in the South China Sea. Although the United States has not taken a position on the competing claims in the region, it has urged the parties to follow UNCLOS.239 Admiral Locklear comments that by becoming a party of UNCLOS, "we place ourselves in a much stronger position to demand adherence by others to the rules contained in the Convention."240 Without being a party of UNCLOS, the United States's recommendations to China carry little weight.
The United States should be very concerned about this situation. There are conflicting territorial claims in the South China Sea, such as the Spratley Islands. Should the Philippines and China end up in an armed conflict over these islands, the Philippines will look to the 1951 U.S.-Philippines Mutual Defense Treaty, and the United States could likely be pulled into war it does not want or need. The United States needs to accede to the treaty to empower her to influence the situation as it now exists.
Additionally, the United States needs to accede to UNCLOS because of the importance of the South China Sea trade routes. China believes that UNCLOS gives it the right to demand notification when foreign countries enter its EEZ.241 The United States does not believe that it has to notify China when the U.S. military enters Chinese waters. These U.S. reconnaissance missions in the South China Sea are crucial to its military security procedures, if for no other reason than the volume of U.S. trade passing through the area. This disagreement has arisen out of differing readings of UNCLOS. Until the United States accedes to UNCLOS, it has no doctrinal authority to argue with China, because the United States has not agreed to be bound by UNCLOS. As a signatory, the United States would have the ability to take up this issue with the committee to determine what authority each country has to regulate foreign military in its EEZ.