Foreign Policy Priorities in the FY2011 International Affairs Budget

Secretary Clinton:
“At the same time, we are developing a new architecture of cooperation to meet transnational global challenges like climate change and the use of our planet’s oceans. With regard to the latter, I want to reiterate my support for U.S. accession to the Convention on the Law of the Sea. Our country stands to gain immensely from this treaty. Everything we know from what we are picking up with respect to other countries’ use of the tools under the Law of the Sea demonstrates that we will lose out, in economic and resource rights, in terms of environmental interests, and national security.”

Senator Lugar:
“I appreciate your mention of the Law of the Sea treaty. I’ve just come from a conference with regard to Russia and Russian aspirations. It was pointed out that with the melting of the Arctic, now huge oil resources, perhaps larger than those of Saudi Arabia, have been uncovered. The Russians immediately sent a ship up and planted a flag. This was a grandiose gesture. It doesn’t establish that they’re going to be drilling shortly. But the fact is that this is going to be an area of huge contention, and the need to have some structure in which American interests can come to the fore, the issue has always been sovereignty with regard to that. And sovereignty is the issue, but we’ve got to pin down our sovereignty.”

Secretary Clinton:
“Thank you for what you said about the Law of the Sea. I could not agree with you more. The Law of the Sea provides commercial rights to the mining of what is in the sea beds of the territories that are claimable under sovereignty provisions in the treaty. I believe with all my heart that we are going to be so sorry if we don’t get this up and going, and I know that you and the Chairman are committed to doing so. And if there’s more that we need to do from the Administration side, Mr. Chairman, I will get it done. You just – you give me the date and we’ll have the people here to testify, because I want everybody on the committee and the Congress to know what’s at stake here.”

Read the full transcript

Find out more about the connection between the Law of the Sea and national security.

Greenwire

Data gathered by the yellow torpedo-shaped probes will become part of Canada’s bid to prove its continental slope stretches far beyond the 200-nautical-mile territorial limit. The matter will be decided by a U.N. panel overseeing claims under the 28-year-old Convention on the Law of the Sea.

Canada, the United States, Russia, Denmark and Norway are involved in a scrum over Arctic bottomland and long-frozen shipping lanes that have started to thaw as global temperatures rise. With scientists predicting that Arctic summers may be ice-free by the 2030s, the five nations have mounted studies they hope will help expand their territories.

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The timeline for U.S. involvement with the treaty — and if it signs on at all — depends on the Senate.

While the issue has support on both sides of the aisle, as well as from the oil industry and environmentalists, finding time for it on the Senate calendar has been an obstacle.  Sen. James Inhofe (R-Okla.), who opposes signing onto the treaty because he believes it would mean giving up some U.S. sovereignty, said last spring he would try to block the measure (E&E Daily, May 27, 2009).

Last week, the Pentagon reiterated its support for the treaty in its defense strategy road map, stating that signing on would “support cooperative engagement in the Arctic.” It noted that such involvement could “promote a balanced approach to improving human and environmental security in the region.”

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The Center for a New American Security, an independent and nonpartisan research institution, has published Contested Commons: The Future of American Power in a Multipolar World (PDF), a report wherein they insist ratification will, ‘…lay the groundwork to build up cooperative efforts to minimize conflict over the long term.”

Excerpt:

Considering the strategic importance of the oceans for U.S. security and economic interests, it is imperative that the Senate ratify the UN Convention on the Law of the Sea (UNCLOS). Doing so will benefit immediate U.S. national security interests and lay the groundwork to build up cooperative efforts to minimize conflict over the long term.

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Not surprisingly, the leadership of the U.S. Navy has advocated UNCLOS ratification. America’s nonparty status contradicts its strategy and narrative about cooperation and the rule of law. As one defense official put it recently, it is not enough just to play by the rules — the United States must champion the rules and lead efforts to adapt to the international rules when necessary. At present, American has abandoned its seat at the table and forfeited the opportunity to shape international policy.

Download a copy of the report (PDF)

Press release from the Center for a New American Security

Just what is at stake if the U.S. fails to ratify the UN Convention on the Law of the Sea? According to Karen Erickson, a voice in decisions that affect major political, economic, and security interests.

Foster’s Daily Democrat – Karen Erickson, Dean, School of Liberal Arts Southern New Hampshire University Manchester

“For more than two decades, Republican and Democratic administrations alike have supported ratification of UNCLOS, but the U.S. Senate has not acted. The Senate must act now to meet increasingly urgent national needs.

What is at stake for the U. S.? By joining UNCLOS, the U.S. will forward longtime vital interests to secure freedom of navigation and also to control its coastal activities. UNCLOS protects military and commercial navigation and overflight, and passage through international straits, all essential for the Armed Forces and national security.

UNCLOS is the framework for establishing claims to offshore resources and the deep seabed. The stakes are high. The U.S. Geological Survey estimates 90 billion barrels of recoverable oil north of the Arctic Circle, which constitutes 13 percent of the world’s undiscovered oil. On top of that, they estimate that the region contains 20 percent of Earth’s remaining undiscovered natural gas and 30 percent of the liquid natural gas. Alaska accounts for 20 percent of domestic oil production but adherence to UNCLOS could increase drastically U.S. rights to seabed oil and natural gas, thereby securing our unparalleled exclusive economic zone of 3.36 million square miles.”
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The News and Observer – Paul Arthur Berkman, Kenneth S. Yalowitz and Oran R. Young

“The United States has vital interests in the Arctic Ocean, given Alaska’s location and the impact of climate change in the far north on the world’s environment, natural resources, population and security. The United States needs to assert leadership now to promote ecologically sound, productive and peaceful management of the Arctic Ocean. U.S. ratification of the U.N. Convention on the Law of the Sea (UNCLOS) is the urgent first step in this regard but it should be accompanied by an initiative to make the central Arctic Ocean a peaceful preserve for all humankind.”

Paul Arthur Berkman is head of the Arctic Ocean Geopolitics Programme at Scott Polar Research Institute, University of Cambridge. Kenneth S. Yalowitz is director of the John Sloan Dickey Center for International Understanding, Dartmouth College. Oran R. Young is professor at the Bren School of Environmental Science and Management, University of California Santa Barbara.

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November 18, 2009

CONTACT:

Brandon MacGillis, 202-887-8830

Emily Bryan, 334-265-1035

NASHVILLE, Tenn. – Today, the Pew Charitable Trusts and Belmont University hosted a forum on the urgent need for the United States to ratify the Law of the Sea Treaty, an important international agreement that governs all activities on, over and under international seas and oceans.

“The Arctic ocean is undergoing dramatic changes that are likely to accelerate over the coming years, opening up access to vast natural resources and important waterways,” said Dr. Jonathan Gilligan, associate professor at Vanderbilt University’s Department of Earth and Environmental Sciences. “Other nations are securing and allocating rights to exploit resources and control navigation. So long as the United States does not ratify the Law of the Sea Treaty we remain bystanders to these decisions, which significantly affect our interests.”

The Law of the Sea Treaty defines the rights and responsibilities of nations in their use of the world’s oceans — establishing guidelines for businesses, the environment and the management of natural resources.  The treaty clearly defines its members’ rights to offshore fishing, deep sea mining and navigation, while sustaining ocean resources for future generations.  It also guarantees safe passage in international waters of military planes and ships for peaceful means, and provides clearly defined laws for countries to follow in order to avoid international military incidents.

“Our national and economic security would be vastly improved under Law of the Sea,” said Commander Michael C. Holifield of the Navy’s International and Operational Law Division. “U.S. military and commercial ships would be guaranteed safe passage through international waters, guaranteeing the ability to respond to threats and partake in international trade whenever and wherever.”

The treaty enjoys widespread support from major energy and business organizations such as the American Petroleum Institute and the U.S. Chamber of Commerce.  It is also supported by former Presidents including George W. Bush and Bill Clinton, as well as military leaders like Gen. Richard Myers, former Chairman of the Joint Chiefs of Staff.  The Law of the Sea Treaty has been ratified by 157 nations, while only 22 nations including the United States, Libya and North Korea have failed to ratify.

“The U.S. Senate needs to quickly ratify the Law of the Sea Treaty,” said Gerry Leape, senior officer at the Pew Charitable Trusts. “By ratifying this important treaty, the United States can shape international laws to ensure that our own national interests are safeguarded. Right now, we’re leaving all decisions about international waters up to other countries. We need to have a seat at the table.”

For more information please visit: http://ratifylawofthesea.org/

The Pew Charitable Trusts is driven by the power of knowledge to solve today’s most challenging problems. Pew applies a rigorous, analytical approach to improve public policy, inform the public and stimulate civic life. We partner with a diverse range of donors, public and private organizations and concerned citizens who share our commitment to fact-based solutions and goal-driven investments to improve society.

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The world’s seas and oceans might be a ways from Nashville but a U.S. Naval Commander is bringing their issues to town in a public forum tomorrow on the Law of the Sea Treaty.

A panel of national security and other experts will discuss the impact of the U.S. not signing on to the treaty that is intended to ensure peaceful use of the “global commons” of seas and oceans.

The Pew Charitable Trusts is co-hosting the noon gathering at Belmont University Curb Event Center, Vince Gill Room, 2002 Belmont Boulevard.

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Who:

• Dr. Jonathan Gilligan, Research Assistant Professor, Dept. of Earth & Environmental Sciences, Vanderbilt University
• CDR Michael C. Holifield, JAGC, USN Law of the Sea Department, International and Operational Law Division, Office of the Judge Advocate General

What:

Public forum on Law of the Sea

When:

November 18, 2009 at noon

Where:

Belmont University Curb Event Center, Vince Gill Room
2002 Belmont Boulevard
Nashville, TN 37212
Click here to view a map

Contact:
Brandon MacGillis – (202) 887-8830
Emily Bryan – (334) 265-1035