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• Maritime Boundaries
• Limits in the Seas

Law of the Sea Convention

The Law of the Sea Convention sets forth a comprehensive framework governing uses of the oceans. Adopted in 1982, and substantially modified by the 1994 Agreement relating to the deep seabed mining provisions, the Convention has been in effect in 1994. There are now 157 parties to the Convention, including almost all of the traditional allies of the United States. Since 1983, the United States has been abiding by, and enjoying the rights accorded by, the provisions of the Convention covering the traditional uses of the ocean, in accordance with the Ocean Policy Statement issued by President Ronald Reagan. Subsequent Administrations have supported the Convention, which President Bill Clinton submitted to the Senate in 1994.

On May 15, 2007, the President issued a statement urging the Senate to approve U.S. accession to the Convention during the 110^th session of Congress. He said that joining the Convention will serve the national security interests of the United States, secure U.S. sovereign rights over extensive marine areas, promote U.S. interests in the environmental health of 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 3, 2007. At the first hearing, the Deputy Secretary of State, the Deputy Secretary of Defense, and the Vice Chief of Naval Operations testified in strong support of the Convention. At the second hearing, representatives of the oil and gas, shipping, and telecommunications industries voiced support for the Convention. Other proponents who testified were Prof. Bernard H. Oxman and Adm. Vernon Clark, U.S. Navy (Ret.). The Committee forwarded the Convention to the full Senate in late 2007 by a vote of 17-4, but the Senate did not consider it in the 110^th Congress.

In remarks to the Law of the Sea Institute in Berkeley on November 3, 2008, the State Department Legal Adviser elaborated the reasons many sectors of the U.S. public (military, ocean-related industries, environmental groups) support U.S. accession, responded to criticisms of the treaty, and stressed that changing conditions in the Arctic make U.S. accession even more urgent.

The Office of Ocean and Polar Affairs (OPA), the Legal Adviser's Office, and the Office of Legislative Affairs form the State Department's team supporting efforts to win Senate approval for joining the Law of the Sea Convention. OPA is responsible for coordinating the international aspects of U.S. policy on Law of the Sea issues such as freedom of navigation, maritime claims and boundaries, protection of the marine environment, and extension of the U.S. continental shelf.