[Congressional Record Volume 165, Number 126 (Thursday, July 25, 2019)]
[Senate]
[Pages S5111-S5112]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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 SENATE RESOLUTION 284--CALLING UPON THE UNITED STATES SENATE TO GIVE 
   ITS ADVICE AND CONSENT TO THE RATIFICATION OF THE UNITED NATIONS 
                    CONVENTION ON THE LAW OF THE SEA

  Ms. HIRONO (for herself and Ms. Murkowski) submitted the following 
resolution; which was referred to the Committee on Foreign Relations:

                              S. Res. 284

       Whereas the United Nations Convention on the Law of the Sea 
     (UNCLOS) was adopted by the Third United Nations Conference 
     on the Law of the Sea in December 1982, and entered into 
     force in November 1994 to establish a treaty regime to govern 
     activities on, over, and under the world's oceans;
       Whereas UNCLOS builds on four 1958 Law of the Sea 
     conventions to which the United States is a party, including 
     the Convention on the Territorial Sea and the Contiguous 
     Zone, the Convention on the High Seas, the Convention on the 
     Continental Shelf, and the Convention on Fishing and 
     Conservation of the Living Resources of the High Seas;
       Whereas the treaty and an associated 1994 agreement 
     relating to implementation of the treaty were transmitted to 
     the Senate on October 6, 1994, and, in the absence of Senate 
     advice and consent to adherence, the United States is not a 
     party to the convention and the associated 1994 agreement;
       Whereas the convention has been ratified by 167 parties, 
     which includes 166 countries and the European Union, but not 
     the United States;
       Whereas the United States, like most other countries, 
     believes that coastal states under UNCLOS have the right to 
     regulate economic activities in their Exclusive Economic 
     Zones (EEZs), but do not have the right to regulate foreign 
     military activities in their EEZs;
       Whereas the treaty's provisions relating to navigational 
     rights, including those in EEZs, reflect the United States 
     diplomatic position on the issue dating back to UNCLOS's 
     adoption in 1982;
       Whereas becoming a party to the treaty would reinforce the 
     United States perspective into permanent international law;
       Whereas becoming a party to the treaty would give the 
     United States standing to participate in discussions relating 
     to the treaty and thereby improve the United States ability 
     to intervene as a full party to disputes relating to 
     navigational rights, and to defend United States 
     interpretations of the treaty's provisions, including those 
     relating to whether coastal states have a right under UNCLOS 
     to regulate foreign military activities in their EEZs;
       Whereas relying on customary international norms to defend 
     United States interests in these issues is not sufficient, 
     because it is not universally accepted and is subject to 
     change over time based on state practice;
       Whereas relying on other countries to assert claims on 
     behalf of the United States at the Hague Convention is 
     woefully insufficient to defend and uphold United States 
     sovereign rights and interests;
       Whereas the Permanent Court of Arbitration, in their July 
     12, 2016, ruling on the case in the matter of the South China 
     Sea Arbitration, stated, ``the Tribunal forwarded to the 
     Parties for their comment a Note Verbale from the Embassy of 
     the United States of America, requesting to send a 
     representative to observe the hearing'', and ``the Tribunal 
     communicated to the Parties and the U.S. Embassy that it had 
     decided that `only interested States parties to the United 
     Nations Convention on the Law of the Sea will be admitted as 
     observers' and thus could not accede to the U.S. request.'';
       Whereas, on November 25, 2018, the Russian Federation 
     violated international norms and binding agreements, 
     including the United Nations Convention on the Law of the 
     Sea, in firing upon, ramming, and seizing Ukrainian vessels 
     and crews attempting to pass through the Kerch Strait;
       Whereas, on May 25, 2019, the International Tribunal for 
     the Law of the Sea ruled in a vote of 19-1 that ``the Russian 
     Federation shall immediately release the Ukrainian naval 
     vessels Berdyansk, Nikopol and Yani Kapu, and return them to 
     the custody of Ukraine,'' and that ``the Russian Federation 
     shall immediately release the 24 detained Ukrainian 
     servicemen and allow them to return to Ukraine,'' 
     demonstrating the Tribunal's rejection of Russia's arguments 
     in this matter in relation to the Law of the Sea;
       Whereas, despite the Tribunal's ruling aligning with the 
     United States Government's position on the incident, the 
     United States continued nonparticipation in UNCLOS limits the 
     United States ability to effectively respond to Russia's 
     actions in the November 25, 2018, incident, as well as to any 
     potential future violations by the Russian Federation and any 
     other signatory of UNCLOS;
       Whereas the confirmed nominee and future Chief of Naval 
     Operations, Admiral Bill Moran, stated that ``becoming a 
     party to the Convention would reinforce freedom of the seas 
     and the navigational rights vital to our global force posture 
     in the world's largest maneuver space. Joining the Convention 
     would also demonstrate our commitment to the rule of law, and 
     strengthen our credibility with other Convention parties,'' 
     in response to advance policy questions on April 30, 2019, 
     before the Committee on Armed Services of the Senate;
       Whereas the past Secretary of the Navy, the Honorable Ray 
     Mabus, stated, ``the UNCLOS treaty guarantees rights such as 
     innocent passage through territorial seas; transit passage 
     through, under and over international straits; and the laying 
     and maintaining of submarine cables,'' and ``the convention 
     has been approved by nearly every maritime power and all the 
     permanent members of the UN Security Council, except the 
     United States'', on February 16, 2012, before the Committee 
     on Armed Services of the Senate;
       Whereas the past Secretary of the Navy, the Honorable Ray 
     Mabus, further stated, ``Our notable absence as a signatory 
     weakens our position with other nations, allowing the 
     introduction of expansive definitions of sovereignty on the 
     high seas that undermine our ability to defend our mineral 
     rights along our own continental shelf and in the Arctic.'', 
     and ``the Department strongly supports the accession to 
     UNCLOS, an action consistently recommended by my predecessors 
     of both parties'', on February 16, 2012, before the Committee 
     on Armed Services of the Senate;
       Whereas the past President and current Chief Executive 
     Officer of the United States Chamber of Commerce, Mr. Thomas 
     J. Donahue, stated, ``we support joining the Convention 
     because it is in our national interest--both in our national 
     security and our economic interests'', and, ``becoming a 
     party to the Treaty benefits the U.S. economically by 
     providing American companies the legal certainty and 
     stability they need to hire and invest'', and, ``companies 
     will be hesitant to

[[Page S5112]]

     take on the investment risk and cost to explore and develop 
     the resources of the sea--particularly on the extended 
     continental shelf (ECS)--without the legal certainty and 
     stability accession to LOS provides'', on June 28, 2012, 
     before the Committee on Foreign Relations of the Senate;
       Whereas the past President and current Chief Executive 
     Officer of the United States Chamber of Commerce, Mr. Thomas 
     J. Donahue, further stated, ``the benefits of joining cut 
     across many important industries including 
     telecommunications, mining, shipping, and oil and natural 
     gas'', and, ``joining the Convention will provide the U.S. a 
     critical voice on maritime issues--from mineral claims in the 
     Arctic to how International Seabed Authority (ISA) funds are 
     distributed'', on June 28, 2012, before the Committee on 
     Foreign Relations of the Senate;
       Whereas the past Commander of United States Pacific 
     Command, Admiral Samuel J. Locklear, stated that UNCLOS is 
     ``widely accepted after a lot of years of deliberation by 
     many, many countries, most countries in my Area of 
     Responsibility (AOR)'', and, ``when we're not a signatory, it 
     reduces our overall credibility when we bring it up as a 
     choice of how you might solve a dispute of any kind'', on 
     April 16, 2015, before the Committee on Armed Services of the 
     Senate;
       Whereas the past Commandant of the United States Coast 
     Guard, retired Admiral Paul Zukunft, stated on February 12, 
     2016, ``With the receding of the icepack, the Arctic Ocean 
     has become the focus of international interest.'', and ``All 
     Arctic states agree that the Law of the Sea Convention is the 
     governing legal regime for the Arctic Ocean . . . yet, we 
     remain the only Arctic nation that has not ratified the very 
     instrument that provides this accepted legal framework 
     governing the Arctic Ocean and its seabed.'', and 
     ``Ratification of the Law of the Sea Convention supports our 
     economic interests, environmental protection, and safety of 
     life at sea, especially in the Arctic Ocean.'';
       Whereas the past Chief of Naval Operations, Admiral 
     Jonathan Greenert, further stated, ``remaining outside Law of 
     the Sea Convention (LOSC) is inconsistent with our 
     principles, our national security strategy and our leadership 
     in commerce and trade'', and, ``virtually every major ally of 
     the U.S. is a party to LOSC, as are all other permanent 
     members of the U.N. Security Council and all other Arctic 
     nations'', on June 14, 2012, before the Committee on Armed 
     Services of the Senate;
       Whereas the past Chief of Naval Operations, Admiral 
     Jonathan Greenert, further stated, ``our absence [from LOSC] 
     could provide an excuse for nations to selectively choose 
     among Convention provisions or abandon it altogether, thereby 
     eroding the navigational freedoms we enjoy today'', and, 
     ``accession would enhance multilateral operations with our 
     partners and demonstrate a clear commitment to the rule of 
     law for the oceans'', on June 14, 2012, before the Committee 
     on Armed Services of the Senate;
       Whereas the United States Special Representative of State 
     for the Arctic and former Commandant of the Coast Guard, 
     Admiral Robert Papp, Jr., stated, ``as a non-party to the Law 
     of the Sea Convention, the U.S. is at a significant 
     disadvantage relative to the other Arctic Ocean coastal 
     States'', and, ``those States are parties to the Convention, 
     and are well along the path to obtaining legal certainty and 
     international recognition of their Arctic extended 
     continental shelf'', and, ``becoming a Party to the Law of 
     the Sea Convention would allow the United States to fully 
     secure its rights to the continental shelf off the coast of 
     Alaska, which is likely to extend out to more than 600 
     nautical miles'', on December 10, 2014, before the 
     Subcommittee on Europe, Eurasia, and Emerging Threats of the 
     Committee on Foreign Affairs of the House of Representatives;
       Whereas the Chairman of the Joints Chiefs of Staff, General 
     Joseph F. Dunford, stated, ``The Convention provides legal 
     certainty in the world's largest maneuver space.'', and, 
     ``access would strengthen the legal foundation for our 
     ability to transit through international straits and 
     archipelagic waters; preserve our right to conduct military 
     activities in other countries' Exclusive Economic Zones 
     (EEZs) without notice or permission; reaffirm the sovereign 
     immunity of warships; provide a framework to counter 
     excessive maritime claims; and preserve or operations and 
     intelligence-collection activities'', and, ``joining the 
     Convention would also demonstrate our commitment to the rule 
     of law, strengthen our credibility among those nations that 
     are already party to the Convention, and allow us to bring 
     the full force of our influence in challenging excessive 
     maritime claims'', on July 9, 2015, before the Committee on 
     Armed Services of the Senate;
       Whereas the Chairman of the Joints Chief of Staff, General 
     Joseph F. Dunford, further stated, ``by remaining outside the 
     Convention, the United States remains in scarce company with 
     Iran, Venezuela, North Korea, and Syria'', and, ``by failing 
     to join the Convention, some countries may come to doubt our 
     commitment to act in accordance with international law'', on 
     July 9, 2015, before the Committee on Armed Services of the 
     Senate;
       Whereas the Chief of Naval Operations, Admiral John M. 
     Richardson, stated, ``acceding to the Convention would 
     strengthen our credibility and strategic position'', and, 
     ``we undermine our leverage by not signing up to the same 
     rule book by which we are asking other countries to accept'', 
     on July 30, 2015, in his nomination hearing before the 
     Committee on Armed Services of the Senate;
       Whereas the Chief of Naval Operations, Admiral John M. 
     Richardson, further stated, ``that becoming a part of 
     [UNCLOS] would give us a great deal of credibility, and 
     particularly as it pertains to the unfolding opportunities in 
     the Arctic'', and, ``this provides a framework to adjudicate 
     disputes'', on July 30, 2015, in his nomination hearing 
     before the Committee on Armed Services of the Senate;
       Whereas the past Assistant Secretary of Defense for Asian 
     and Pacific Security Affairs, the Honorable David Shear, 
     stated, ``that while the United States operates consistent 
     with the United Nations convention on the Law of the Sea, 
     we've seen positive momentum in promoting shared rules of the 
     road'', and, ``our efforts would be greatly strengthened by 
     Senate ratification of UNCLOS'', on September 17, 2015, 
     before the Committee on Armed Services of the Senate;
       Whereas the Commander of United States Indo-Pacific 
     Command, Admiral Philip S. Davidson, stated ``our accession 
     to the UNCLOS would help our position legally across the 
     globe and would do nothing to limit our military operations 
     in the manner in which we're conducting them now'', on April 
     17, 2018, before the Committee on Armed Services of the 
     Senate;
       Whereas the past Commander of United States Pacific 
     Command, retired Admiral Harry B. Harris, stated ``I believe 
     that UNCLOS gives Russia the potential to, quote, unquote 
     `own' almost half of the Arctic Circle, and we will not have 
     that opportunity because of, we're not a signatory to 
     UNCLOS,'' on March 15, 2018, before the Committee on Armed 
     Services of the Senate; and
       Whereas the past Commander of United States Pacific 
     Command, Admiral Harry B. Harris, stated ``I think that by 
     not signing onto it that we lose the creditability for the 
     very same thing that we're arguing for'', and ``which is the 
     following--accepting rules and norms in the international 
     arena. The United States is a beacon--we're a beacon on a 
     hill but I think that light is brighter if we sign on to 
     UNCLOS'', on February 23, 2016, at a hearing before the 
     Committee on Armed Services of the Senate: Now, therefore, be 
     it
       Resolved, That the Senate--
       (1) affirms that it is in the national interest for the 
     United States to become a formal signatory of the United 
     Nations Convention on the Law of the Sea;
       (2) urges the United States Senate to give its advice and 
     consent to the ratification of the United Nations Convention 
     on the Law of the Sea (UNCLOS); and
       (3) recommends the ratification of UNCLOS remain a top 
     priority for the Administration, having received bipartisan 
     support from every President since 1994, and having most 
     recently been underscored by the strategic challenges the 
     United States faces in the Asia-Pacific, the Arctic, and the 
     Black Sea regions.

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