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Hamilton: Time to Ratify Law of the Sea

08/27/07

Hamilton: Time to Ratify Law of the Sea

Posted by Howard Salter

My colleague Scott Paul has been carefully monitoring the upcoming U.S. Senate action on The Law of the Sea Treaty. As Scott wrote last week, it appears that in late September, the Senate Foreign relations Committee will finally hold hearings on this important treaty.

In today’s Indianapolis Star, former Representative Lee Hamilton lays out a perfect case as to why the Senate needs to ratify this treaty, finally joining more than 150 nations who have a seat at the table. Hamilton hits the key elements of the treaty: national security; the U.S. economy; and, U.S. access to vital resources.

The United States has taken a long and winding road to this moment of decision. The Law of the Sea Convention was negotiated for decades and agreed to in 1982. President Reagan directed the country to follow the Convention, with the exception of some rules on mining. After these rules were amended to meet U.S. demands, President Clinton agreed to sign the Convention, but it stalled in the Senate. Now, the Convention has the support of President Bush and the unanimous approval of the Senate Foreign Relations Committee. More than 150 nations are members -- including every major power except the United States. The only obstacle to U.S. entry is full Senate ratification.

The arguments in favor of ratification are overwhelming. First, the treaty is critical to our national security. The U.S. military depends upon freedom of movement on the high seas so that our navy can have right of passage, and so we can transport military forces and equipment. The Convention guarantees that freedom, doing away with burdensome and varying rules from coastal nations, and ensuring that we need not seek a permission slip to pass through territorial seas. This also helps America -- and the world -- avert conflict.

The Convention also benefits the U.S. economy. Global commerce depends upon shipping, with $700 billion worth of goods passing through U.S. ports alone each year. The Convention codifies and guarantees freedom of navigation for the world's shipping industry. And, at a time when new sea-lanes are opening up in the Arctic because of global climate change, the Convention's framework will be central in resolving disputes.

Furthermore, the Convention guarantees U.S. access to resources. Once the treaty is ratified, we would have rights to resources extending 200 miles out from our shoreline. That means we will obtain internationally recognized jurisdiction over nearly 300,000 square miles -- more than the Louisiana Purchase and Alaska combined. Given the fact that one-third of the world's oil and gas is offshore, including an estimated 400 billion barrels of oil and gas in the Arctic alone, America stands to reap a windfall, while ensuring that our interests are protected in the changing Arctic region. Similarly, the Convention would confirm U.S. jurisdiction over highly profitable fisheries.

Hamilton also does a masterful job of deflating the argument of the staunch, but small opposition to the treaty’s ratification:

Yet a small but determined group of opponents continues to argue against ratification. Often, these arguments ring hollow. Opponents argue that that the Convention weakens U.S. sovereignty, taxes Americans, creates a huge international bureaucracy and restricts our ability to interdict materials at sea. Yet the Convention actually extends U.S. sovereignty over a dramatically larger portion of the earth, levies no taxes on Americans, has created an institution with only 35 full-time employees, and expands our rights of interdiction.America cannot advance its interests in a globalizing world without strong international partnerships and legal frameworks. When we turn our back on the world, we weaken our ability to lead, and we miss important opportunities to press our case. The Law of the Sea is an international framework that advances American interests on many different fronts. It's time to reap the full rewards of that success. It's time to ratify this treaty.

An A-plus effort by the former Representative from Indiana and senior statesman.

Howard Salter

08/27/07 02:44:28 pm • Leave a commentTrackback (0) PermalinkPermalink
Categories: 08 Elections, Diplomacy, International Institutions

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