and treatment of the resources therein.
The United States opted not tobecome a party to the treaty for a variety of reasons, primarily as a result of concerns regarding the Deep Seabed mining provision in Part XI, whichhad security consequences in light of the ongoing Cold War.
The end of the Cold War and extensive negotiations, thereafter, resulted in a 1994agreement that resolved these concerns. President Clinton signed therevised treaty and forwarded it to the Senate for advice and consent.
Thatyear, UNCLOS and the 1994 agreement both entered into force without theUnited States’ ratification. Ratification was delayed by several members of Congress who harbored doubts as to UNCLOS’ impact on Americansovereignty.
Today 155 countries are party to the Convention and 131 countrieshave signed the 1994 Agreement regarding the implementation of Part XI.
As a result of fresh encouragement from President Bush, Americanratification of the treaty has received great support from members of Congress.
In fact, in 2004, the Senate Foreign Relations Committee sentthe treaty to the Senate floor with a 19-0 vote.
In addition, the Pentagonhas largely encouraged the United States to become a party to UNCLOS.
Becoming a party to the Convention will impact the United States inseveral arenas.
Perhaps the most contentious implications concern howthe United States will continue to wage the Global War on Terrorism.
This article specifically examines the reconciliation of UNCLOS and the
See Accession to the 1982 Law of the Sea Convention and Ratification of the 1994 Agreement Amending Part XI of the Law of the Sea Convention: Before the S. Foreign RelationsComm.
, 115th Cong. (2007) (written testimony of John D. Negroponte, Deputy Secretary of State) [hereinafter Negroponte,
Law of the Sea Testimony
Skeptical Senate eyes sea treaty
, Mar. 7, 2005, atA15.
Law of the Sea Testimony,
note 1, ratifications, accessions, and successions.
David R. Sands,
White House Pushes Sea Treaty; Officials Tout Commercial, MilitaryPluses,
, Sep. 28, 2007, at A18; David Helvarg,
Congress Can Raise Our `C'On Seas,
, Mar. 12, 2007, at A15.
UNCLOS never received a full Senate vote and was sent back to the Senate ForeignRelations committee for further consideration.
See, e.g., Hearing on the Law of the Sea Convention: Before the S. Foreign RelationsComm.,
(2007) (statement of Patrick M. Walsh, Vice Chief of Naval Operations,Admiral, United States Navy) [hereinafter Walsh,
Law of the Sea Testimony
Marjorie Ann Browne, Congressional Research Service Report for CongressThe U.N. Law of the Sea Convention and the United States: Developments Since October 2003(2004)
Law of the Sea Testimony, supra