Now is the time to ratify the Law of the Sea Treaty

The nations of the world drafted a convention in 1982 which provided a comprehensive set of rules on control of coastal waters and navigation rights. The United States refused to ratify that convention, in large part due to its provisions on deep sea mining. Indeed, the delegation of the United States played a leading role in the negotiations leading to that convention, and it was seen as very favorable overall to U.S. economic and security interests. Recognizing the importance of U.S. participation, the nations went back to the drawing board and renegotiated the sea bed mining; the revision was signed in 1994.

Today, there are 150 signatories to the treaty. The Bush administration has recommended that it now be ratified, and the Congress has begun to hold hearings on the ratification. Deputy Secretary of State John Negroponte recently said:

Joining is a win/win proposition. We will not have to change U.S. laws or practices, or give up rights, and we will benefit in a variety of ways. The United States already acts in accordance with the Convention for a number of reasons:

1. First, as noted, we are party to a group of 1958 treaties that contain many of the same provisions as the Convention.
2. Second, the United States heavily influenced the content of the 1982 Convention, based on U.S. law, policy, and practice.
3. Finally, the treaty has been the cornerstone of U.S. oceans policy since 1983, when President Reagan instructed the Executive Branch to act in accordance with the Convention’s provisions with the exception of deep seabed mining.

Thus, we are in the advantageous position in the case of this treaty that U.S. adherence to its terms is already time-tested and works well.

At the same time, the United States would gain substantial benefits from joining the Convention – these can be summarized in terms of security, sovereignty, and sustainability.

Negroponte should know, since he has followed the negotiations since he was Assistant Secretary of State for Oceans, Environment and Science and Technology some 25 years ago.

Unfortunately, conservative forces have decided they will make a major effort to torpedo the treaty. Lets not let them succeed in that negative effort. Not only is it to our economic and security interest to do so, ratifying the treaty would help to reestablish our credibility within the community of nations. We should support the agreements we negotiate.