Law of Lhe Sea ConvenLlon

the Law of the Sea Convention sets Iorth a comprehensive Iramework governing uses oI the oceans. Adopted in
1982, and substantially modiIied by the 1994 Agreement relating to the deep seabed mining provisions, the
Convention has been in eIIect since 1994. There are now 161 parties to the Convention, including almost all oI the
traditional allies oI the United States. Since 1983, the United States has been abiding by, and enjoying the rights
accorded by, the provisions oI the Convention covering traditional uses oI the ocean, in accordance with
the Statement on United States Oceans Policy issued by President Ronald Reagan. Subsequent Administrations
have supported the Convention, which President Bill Clinton submitted to the Senate in 1994 along with the
associated Agreement modiIying the deep seabed mining provisions.
The Obama Administration, like every Administration since the treaty was submitted to the Senate in 1994, strongly
supports accession to the Law oI the Sea Convention. The Convention protects and advances a broad range oI U.S.
interests, including with respect to navigational mobility and oIIshore resources. President Obama`s 2010 Executive
Order on Stewardship of the Ocean, our Coasts, and the Great Lakes provides that the United States shall
promote this policy by pursuing the United States` accession to the Law oI the Sea Convention. In the Final
Recommendations of the Interagency Ocean Policy Task Force (2010), the Task Force strongly and unanimously
supported accession to the Convention, stating that accession will Iurther our national security, environmental,
economic, and diplomatic interests.
On May 15, 2007, President George W. Bush issued a statement urging the Senate to approve U.S. accession to
the Convention during the 110
th
session oI Congress. He said that joining the Convention will serve the national
security interests oI the United States, secure U.S. sovereign rights over extensive marine areas, promote U.S.
interests in the environmental health oI the oceans, and give the United States a seat at the table when the rights
essential to our interests are debated and interpreted.
The Senate Foreign Relations Committee responded by holding hearings on September 27, 2007 and October 4,
2007. At the Iirst hearing, the Deputy Secretary oI State, the Deputy Secretary oI DeIense, and the Vice ChieI oI
Naval Operations testiIied in strong support oI the Convention. At the second hearing, representatives oI the oil and
gas, shipping, and telecommunications industries voiced support Ior the Convention. Other proponents who testiIied
were ProI. Bernard H. Oxman and Adm. Vernon Clark, U.S. Navy (Ret.). The Committee Iorwarded the Convention
to the Iull Senate in late 2007 by a vote oI 17-4, but the Senate did not consider it in the 110
th
Congress.
The United States is party to the United Nations Agreement for the Implementation of the Provisions of the
United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and
Management oI Straddling Fish Stocks and Highly Migratory Fish Stocks, which entered into Iorce on December
11, 2001. There are now 78 parties to the UN Fish Stocks Agreement, or UNFSA, as this treaty is commonly
known. In 2006 and 2010, the United States participated actively in the Review Conference held pursuant to Article
36 oI the UNFSA. Ambassador David Balton oI the United States served as President during both sessions oI the
Review ConIerence.
The OIIice oI Ocean and Polar AIIairs (OPA), the OIIice oI the Legal Adviser, and the OIIice oI Legislative AIIairs
Iorm the State Department's team supporting eIIorts to win Senate approval Ior joining the Law oI the Sea
Convention. OPA is responsible Ior coordinating the international aspects oI U.S. policy on Law oI the Sea issues
such as Ireedom oI navigation, maritime claims and boundaries, protection oI the marine environment, and
extension oI the U.S. continental shelI.