The National Interest and the Law of the Sea


Book Description

In this Council Special Report, Scott G. Borgerson explores an important element of the maritime policy regime: the United Nations Convention on the Law of the Sea. He examines the international negotiations that led to the convention, as well as the history of debates in the United States over whether to join it. He then analyzes the strategic importance of the oceans for U.S. foreign policy today. The report ultimately makes a strong case for the United States to accede to the Convention on the Law of the Sea, contending that doing so would benefit U.S. national security as well as America's economic and environmental interests. Among other things, the report argues, accession to the convention would secure rights for U.S. commercial and naval ships, boost the competitiveness of American firms in activities at sea, and increase U.S. influence in important policy decisions, such as adjudications of national claims to potentially resource-rich sections of the continental shelf.




Beyond the Law of the Sea


Book Description

The 1982 U.N. Convention of the Law of the Sea took over a decade to produce and was the final result of the largest single international negotiating process undertaken before or since that time. As the world's leading maritime nation, the U.S. has vital, immediate, national interests in the Convention and in the continuing refinement of maritime law based upon the tenets of that comprehensive document. The present work describes in detail the concurrent development of international law and the law of the sea, the complex negotiating process that resulted in the completed Convention, the role of the U.S. both during the Law of the Sea Convention and during the decade of negotiation that finally made the Convention acceptable, and policy directions and issues for the U.S. in the post-Convention environment. This is an important new text in international law, international relations, and maritime affairs.







Law of the Sea


Book Description

"The British Institute of International and Comparative Law (BIICL) organized the 'UNCLOS at 30' conference on 22-23 November 2012 in Belfast, which inspired the launching of this book project. All of the contributing authors spoke at the conference...and most of their chapters have evolved from their presentations"--Page vii.




Beyond the Law of the Sea


Book Description

The 1982 U.N. Convention of the Law of the Sea took over a decade to produce and was the final result of the largest single international negotiating process undertaken before or since that time. As the world's leading maritime nation, the U.S. has vital, immediate, national interests in the Convention and in the continuing refinement of maritime law based upon the tenets of that comprehensive document. The present work describes in detail the concurrent development of international law and the law of the sea, the complex negotiating process that resulted in the completed Convention, the role of the U.S. both during the Law of the Sea Convention and during the decade of negotiation that finally made the Convention acceptable, and policy directions and issues for the U.S. in the post-Convention environment. This is an important new text in international law, international relations, and maritime affairs.




United Nations Convention on the Law of the Sea, 1982


Book Description

Volume III is the fourth substantive volume to be published in this series, covering articles 86 to 132 of the 1982 Convention. These articles address the issue of States' rights and jurisdiction in maritime areas beyond the limits of national jurisdiction (with the exception of the international seabed area), as well as the regime to be applied to islands, in enclosed and semi-enclosed seas, and with the access of landlocked States to and from the sea. Volume III is a direct continuation of Volume II, which deals with maritime areas under the sovereignty of jurisdiction of a State, and completes the commentary on the provisions of the Convention negotiated under the auspices of the Second Committee at UNCLOS III. The work of the Second Committee was an integrated whole, and the unity of the theme has been spread over two volumes solely as a matter of convenience. A number of documentary annexes have been included in this volume.




21st Century Complete Guide to the Law of the Sea Treaty (LOST), U. N. Convention on the Law of the Sea (UNCLOS) - Commercial, Seabed Ocean Mining, Maritime Rights, and Military Implications


Book Description

Featuring a large collection of up-to-date official documents and publications on the Law of the Sea Treaty (LOST), also known as the U.N. Convention on the Law of the Sea (UNCLOS), this unique book provides valuable information as the treaty is considered for ratification by the United States Senate in the coming months. The treaty text, analysis, and discussion as transmitted to the Senate is included, along with supporting documents, statements by government officials, and testimony by Obama Administration leaders such as Secretary of State Hillary Clinton and Defense Secretary Leon Panetta. Administration position papers discuss myths about the treaty and emphasize business community support for its ratification. In addition, there is coverage of the Extended Continental Shelf Project, which is working to establish the full extent of the U.S. continental shelf. The Law of the Sea Convention sets forth a comprehensive framework governing uses of the oceans. Adopted in 1982, and substantially modified by the1994 Agreement relating to the deep seabed mining provisions, the Convention has been in effect since 1994. There are now 162 parties to the Convention, including almost all of the traditional allies of the United States. The 1995 UN Fish Stocks Agreement further implements certain provisions of the Convention. There are now 78 parties to this Agreement, including the United States. Clinton's testimony stated: "Our economy depends on international trade, and the United States benefits from the global mobility that those navigational provisions accord to commercial ships of all nations. We have the world's second longest coastline, so the United States benefits greatly from the Convention's favorable provisions on offshore natural resources. The treaty accords sovereign rights over natural resources within a 200-mile exclusive economic zone. The United States is further advantaged by provisions in the treaty that allow the continental shelf - and oil and gas rights - to extend beyond 200 miles in certain areas. Off the north shore of Alaska, our continental shelf could extend 600 miles into the Arctic. American companies are equipped and ready to engage in deep seabed mining. But the United States can only take advantage of the Convention's provisions that accord security of tenure to mine sites in areas beyond national jurisdiction as a party to this treaty. The Convention, which was modified to meet U.S. demands, accords the United States a guaranteed seat on the key decision-making body. It is no wonder then that there is such a strong and wide-ranging coalition supporting U.S. accession. The U.S. military has consistently and unequivocally supported the Convention for its national security benefits. Affected U.S. industries, including shipping, fisheries, telecommunications, and energy, have consistently supported U.S. accession for its economic benefits. Non-governmental organizations concerned with the protection of natural resources have consistently supported U.S. accession. And both Republican and Democratic Presidents have supported U.S. accession. I have never seen another treaty with such intensive and broad support. Furthermore, no treaty has been as thoroughly scrutinized by the Senate as the Law of the Sea Convention. This Committee has twice examined it and sent it to the full Senate. Four other Committees held hearings in 2004, including the Senate Armed Services Committee, of which I was a member. In 2007, the Foreign Relations Committee held two additional hearings and another favorable vote. Every conceivable question has been asked and answered. As President George W. Bush said in 2007, 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 health of the oceans, and give the United States a seat at the table where rights essential to our interests are debated and interpreted."




United Nations Convention on the Law of the Sea, 1982


Book Description

These commentaries are based almost entirely on the formal and informal documentation of the Third United Nations Conference on the Law of the Sea (UNCLOS III, 1973-1982), coupled, where necessary, with the personal knowledge of editors, contributors, or reviewers, many of whom were principal negotiators or UN personnel who participated in the Conference.