ARGUMENT HISTORY

Revision of U.S. participation in UNCLOS will not undermine national sovereignty from Thu, 02/10/2022 - 17:44

The sovereignty costs associated with the Convention are grossly overstated primarily because many of these costs have already been accepted by the United States. In addition, the U.S. stands to gain sovereignty over 4.1 million square miles of territory by acceeding to the treaty.

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In contrast, quite to the contrary of arguments advanced against the Convention by some opponents, the Convention does not remove United States sovereignty or sovereign rights over the resources of the deep seabed. Neither the United States nor any other Nation has now, or has ever had, sovereignty over the mineral resources beyond the continental margins. In fact, it has been a consistent position of the United States and other developed nations to oppose any extension of national sovereignty into this area. Indeed, it is precisely because no nation in the world controls the mineral resources of the ocean basins that the Convention has created a narrowly limited international mechanism to permit mining of these resources. For without such a regime, industry simply cannot obtain the legal rights necessary for the over billion dollar cost of a deep seabed mining operation.

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Moore, John Norton. "Testimony of John Norton Moore: United States Adherence to the Law of the Sea Convention: A Compelling National Interest ." Testimony before the House Committee on International Relations, May 12, 2004. [ More (17 quotes) ]

Today's opponents, including Ayotte, DeMint, and Portman, focus on two issues. First, they argue, the treaty is an unacceptable encroachment on U.S. sovereignty; it empowers an international organization -- the International Seabed Authority -- to regulate commercial activity and distribute revenue from that activity. Yet sovereignty is not a problem: During the 1994 renegotiation, the United States ensured that it would have a veto over how the ISA distributes funds if it ever ratified the treaty. As written, UNCLOS would actually increase the United States' economic and resource jurisdiction. In fact, Ayotte, DeMint, and Portman's worst fears are more likely to come to pass if the United States does not ratify the treaty. If the country abdicates its leadership role in the ISA, others will be able to shape it to their own liking and to the United States' disadvantage.

Protecting national sovereignty is a legitimate aim -- and one that some liberal internationalists may have been too cavalier about in the past. But for the goal to have any meaning, it must be framed so that it can be met. This is certainly what Reagan had in mind when he articulated a specific set of problems with the original UNCLOS that could be (and eventually were) dealt with. This time around, however, those who object to the treaty have defined sovereignty in such ideological terms that they will never be satisfied. By their reckoning, the United States can never be party to an international organization, even if it has veto status in it.

An international organization might very marginally limit U.S. freedom of action, but this is negligible in comparison to the harm that instability and conflict in the South China Sea could inflict on U.S. interests. Previous presidents from both parties understood the trade-off: In challenging times, and to exercise global leadership, Washington protected its interests by making enlightened commitments overseas, whether in the form of alliances, institutions, or foreign assistance.

Arguments against the convention are, in a way; a denigration of law; they seem to indicate that any international agreement is an unwelcome infringement of U.S. sovereignty, when the contrary is the case. President George Washington regarded the Jay Treaty with Great Britain as the most important achievement of his administration. No one would accept a loss of U.S. sovereignty. At the same time, one of the most important sovereign rights is the legal ability of states to enter into agreements, just as individual citizens in the United States have the right to agree to contracts with one another. In fact, it is only children and the mentally incompetent who have no right to contract. To deny the U.S. government the right to enter into agreements with other nations would deprive it of one of its most fundamental rights, leaving it with few options short of expending the lives of its armed forces to establish and enforce national rights. It should also be understood that under the U.S. Constitution, freedom of action cannot be lost through international agreements. One widely-accepted precept of U.S. foreign policy is that a subsequent act of Congress can override a prior international agreement. Further, critics fail to mention that because of its sovereignty, the United States is free to withdraw from the convention.
Schachte, William L and John Norton Moore. "The Senate should give immediate advice and consent to the UN Convention on the Law of the Sea: why the critics are wrong.." Journal of International Affairs. Vol. 59, No. 1 (Fall/Winter 2005) [ More (18 quotes) ]

Myth: The United States is giving up sovereignty to a new international authority that will control the oceans.

Nothing could be further from the truth. The United States does not give up an ounce of sovereignty in this convention. Rather, as noted, the convention solidifies a massive increase in resource and economic jurisdiction for the United States, not only to 200 nautical miles off our coasts, but to a broad continental margin in many areas even beyond that. The new International Seabed Authority (ISA) created by this convention, which, as noted, has existed for a decade and will continue to exist regardless of U.S. actions, deals solely with mineral resources of the deep seabed beyond national jurisdiction--it has nothing to do with the water column above the seabed. The deep seabed is not only an area in which the United States has no sovereignty; but one on which the United States and the entire world have consistently opposed extension of national sovereignty claims.

Schachte, William L and John Norton Moore. "The Senate should give immediate advice and consent to the UN Convention on the Law of the Sea: why the critics are wrong.." Journal of International Affairs. Vol. 59, No. 1 (Fall/Winter 2005) [ More (18 quotes) ]

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