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Past Event

A Foreign Policy Event

Should the United States Ratify the Law of the Sea Treaty?

Energy Security, Environment, Global Environment


Event Summary

More than 140 nations have ratified the Law of the Sea treaty, which entered into force in 1994. The treaty governs use of the world's oceans and addresses issues including navigation, use of airspace, exploitation of ocean resources, and protection of the marine environment.

Event Information

When

Tuesday, May 04, 2004
10:00 AM to

Where

Falk Auditorium
Brookings Institution
1775 Massachusetts Avenue NW
Washington, DC 20036
Map

Contact: Office of Communications

E-mail: communications@brookings.edu

Phone: 202.797.6105

On February 25, the Senate Foreign Relations Committee unanimously recommended that the U.S. Senate ratify the treaty. The Bush administration has expressed its support for ratification. Recently some critics have voiced concerns about the impact of the treaty on U.S. sovereignty.

Brookings will convene a distinguished panel of experts with a range of backgrounds to discuss whether the United States should ratify the treaty.

Transcript

DAVID BALTON: On April 20th, the U.S. Commission on Ocean Policy, an eminent body created by Congress whose members were appointed by President Bush, issued its preliminary report after three years of study. In it the commission reaffirms the one recommendation they made in advance of issuing the report on a unanimous basis: that the United States should become party to the Law of the Sea Convention and should do so expeditiously.

The commission gives a number of sound reasons why the United States should become a party, but perhaps the most important reason they give is one they may not have intended. On page 23 of this preliminary report, they refer to the treaty in question as "the U.S. Law of the Sea Convention."

Now, some may think that's a typographical error. I think it's a Freudian slip, because in many ways this treaty is the United States Convention on the Law of the Sea.

Why do I say that? As negotiations on the convention were unfolding in the 1970s, the United States had two overriding goals:

The first was to secure for U.S. military and commercial vessels the right and ability to sail wherever they wanted to sail, free from undue interference of coastal states.

The second goal was to secure for the United States exclusive authority with respect to economic activities in all waters out to 200 miles off our shore and, with respect to the sea floor, out to the very edge of our wide continental margin, which extends even beyond 200 miles in a number of areas.

Read Senator Lugar's remarks

Read the full event transcript (PDF—137KB)

Participants

Moderator

David B. Sandalow

Senior Fellow, Foreign Policy

Opening Remarks

Senator Richard G. Lugar (R-Ind.)

Chairman, Senate Foreign Relations Committee

Panelists

Clifton Curtis

Director, Global Toxics Program, World Wildlife Fund

David Balton

Deputy Assistant Secretary for Oceans and Fisheries, U.S. Department of State

Frank Gaffney

President, Center for Security Policy

Genevieve L. Murphy

Senior Manager, American Petroleum Institute

Peter M. Leitner

Author, Former Observer to U.S. Law of the Sea Delegation (1977-82)

Rear Admiral William L. Schachte, Jr.

JAGC, U.S. Navy, (Ret.); Counsel, Blank Rome, LLP


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