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.
Quicktabs: Arguments
Now let me also say that by those first principles, I am deeply disappointed at voices which continue to violate, it seems to me, those principles in this Law of the Sea negotiation. Allow me to present a few examples. Over and over again we hear voices urging that the Convention would give our sovereignty away. The Convention gives away not a single ounce of United States’ sovereignty. This is not only false, but it is absolutely upside down. What was the reality of these negotiations? The reality is the greatest expansion of national resource jurisdiction in the history of the world. This was a coastal state win, hugely, not some kind of internationalist win for the straw argument Elisabeth Mann Borgese socialists24 that are cited over and over again by opponents.25 They lost one hundred percent. Some of the academic community did support that.26 They did not get anywhere near this Convention. This convention was a victory for nationalism and state sovereignty. And that is why you see the massive extension of 200-mile economic zones and continental shelves in this Convention.27
No wonder everyone from the head of the U.S. Chamber of Commerce to the president of the Natural Resources Defense Council to the chairman of the Joint Chiefs of Staff (along with every living secretary of state) has argued that the United States should ratify unclos. It is far past time for the Senate to follow their advice. Skeptical Senate Republicans have stood in the way of ratification, arguing that the treaty would place limits on U.S. sovereignty. But that argument is a red herring, since the United States already follows all of the treaty’s guidelines anyway, and ratifying it would in fact give Washington new rights and greater influence. There are probably enough votes from moderate Republicans for the treaty to pass, if the president decided to make ratification a priority.
[Question] How do the panelists respond to the objection that UNCLOS would infringe on U.S. sovereignty? Professor Caron answered that, if anything, UNCLOS represents a tremendous effort to preserve sovereignty in oceans, and expressed that he does not understand the argument that UNCLOS somehow diminishes sovereignty. Ambassador Balton agreed, adding that it is important to try and understand the objections to UNCLOS. He countered the notion the United States can depend on the Navy to assert sovereignty over the ocean, explaining that the Navy is a major advocate of UNCLOS because it is more effective and efficient to use the rule of law rather than military force. Commander Kraska also noted that most materiel moves by non-naval vessels, so it is important to have a regime that prevents other countries from blocking those materiel shipments.
Many other claims are simply misplaced. There is no transfer of sovereignty or wealth to the International Seabed Authority.
We have never claimed sovereignty over the seabeds beyond the continental shelf, and have consistently taken the position that any such claim would be unlawful. This is made abundantly clear by our own Deep Seabed Hard Minerals Act. We neither have nor assert jurisdiction over the activities of foreign states and their nationals on the deep seabeds.
Nothing that could rationally be called sovereignty was conferred on the Seabed Authority. The powers of the Seabed Authority are very carefully defined and circumscribed, and are controlled by a Council on which we will have a permanent seat and a veto over regulations. Private companies have the right to apply for and receive long-term exclusive rights to mine sites on a first-come, first-served basis and have legal title to the minerals they extract. All parties to the Convention are obliged to respect those mining rights and recognize that legal title.