RICHARD G LUGAR, INDIANA, CHAIRMAN CHUCK HAGEL, NEBRASKA LINCOLN CHAFEE, RHODE ISLAND GEORGE ALLEN, VIRGINIA SAM BROWN BACK, KANSAS MICHAEL B ENZI, WYOMING GEORGE V VOINOVICH, OHIO LAMAR ALEXANDER, TENNESSEE NORM COLEMAN, MINNESOTA JOHN E. SUNUNU, NEW HAMPSHIRE JOSEPH R BIDEN, JR, DELAWARE I PAUL S. SARBANES, MARYLAND " CHRISTOPHER J DODD,CQ.NNECTICtd JOHN F KERRY, MASSACHO~ff~ RUSSELL D FEINGOLD, WISCONSIN BARBARA BOXER, CALIFORNIA BILL NELSON, FLORIDA JOHN D, ROCKEFELLERIV, WEST VIRGINIA JON S CORZINE, NEW JERSEY
KENNETH A MYERS, JR, STAFF DIRECTOR ANTONY J. BLiNKEN, DEMOCRATIC STAFF DIRECTOR
COMMITTEE
ON FOREIGN RELATIONS
WASHINGTON, DC 20510-6225
April 21, 2004
DearColleague: I am writing to sharewith you the attached letter from Admiral James Watkins, USN D. (Ret.),Chairmanof the U.S. Commission OceanPolicy, expressing Commission'sstrong on the supportfor U.S. accession the Law of the SeaConvention. Yesterday Commission to the released preliminaryreport, which renewedits recommendation the United States its that accede to the Convention.
The Commission's support for U.S. accessionto the Convention is based on extensive testimony it heard from Members of Congress,federal agencies,trade associations, conservation organizations, the scientific community, and coastal states. The Commission's views on the Convention are set out in more detail in Admiral Watkins' testimony before the Foreign Relations Committee which is also attached for your reference. Admiral Watkins' letter and testimony serve to further underscore that those who have given the most careful thought and study to U.S. oceansinterests believe that accessionto the Law of the Sea Convention will greatly advancethe U.S. national interest. I urge you to join me in supporting early consideration and approval of the Convention by the full Senate.
Sincerely,
~
RGL/mmk
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RichardG. Lugar Chainnan
Attachments
u.s.
C OMM
ISSION
ON
OCEAN
1120 20TH STREET. NW PHONE: 202-418-3442 *
~ SUITE 200
POLICY
NORTH WASHINGTON. DC 20036
FAX: 202-418-3475
*
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Aprill,2004
The HonorableBill Frist M~jority Leader United StatesSenate Washington,D.C. 20510
Dear Senator Frist. On behalf of the U.S. Commission on Ocean Policy, I respectfully request that you schedule consideration of the United States' accessionto the United Nations Convention on the Law of the Sea (LOS Convention) for Senate Floor action at the earliest opportunity. The Commission is unanimous in its strongly-held position in favor of U.S. accessionto the LOS Convention. The Commission has taken a strong interest in the international implications of ocean policy since the inception of our work. Our 16 Commissioners were appointed by President Bush -from a list of nominees submitted by the leadership of Congress -and represent a broad spectrum of ocean interests. The Oceans Act of 2000 (public Law 106-256) specifically charged our Commission with developing recommendations on a range of ocean issues,including recommendations for a national ocean policy that "... will preserve the role of the United Statesas a leader in ocean and coastal activities."
i testified on October14, 2003beforethe Senate Committeeon ForeignRelati,?ns strong in favor of our accession the LOS Convention. I enclose copyof my testimonyon that to a occasion,togetherwith associated documents I submittedfor the recordasadditional that information. Oneof my fellow Commissioners, Paul L. Kelly, testified on March 23, 2004 beforethe Senate Committeeon EnvironmentandPublic Works, againin favor of accession; alsoenclose copy of Commissioner I a Kelly's testimony.
Our testimony sets forth the history of the Commission's consideration of the LOS Convention, including receipt of testimony and letters from very senior representatives of the Bush Administration (both military and civilian), industry associations, environmental groups, and others, and the numerous important reasons why the U.S. should accedeto the Convention.
COMMISSION
ER
ADM JAMESD. WATKINS, USN (RETJ, CHAIRMAN * ROBERT BALLARD. PH. D. * D. TED A. BEATTIE * LillIAN C. BORRONE * JAMESM. COLEMAN. PH. D. .ANN D'AMATO * LAWRENCER. DICKERSON * VADM PAUL G. GAFFNEYII. USN * MARC J. HERSHMAN * PAUL L. KIlLY * CHRISTOPHERL. KOCH FRANK E. MULLER-KARGER. PH. D. * EDWARD B. RASMUSON * ANDREW A. ROSENBERG. PH. D. * WilliAM D. RuCKELSHAUS * PAUL A. SANDIFER.PH. D. THOMAS R. KlTSOS. PH. D., EXECUTIVEDIRECTOR
Page 2 -The Honorable Bill Frist
Our Commission alsois awareof someoppositionto accession, notably as expressed in recenttestimonyto the Senate Committeeon EnvironmentandPublic Works. I have carefully considered theseopposingarguments concludedthey are not well-founded. and I understand the Bush Administrationwill submita more detailedrebuttalto the Senate that committeesthat held hearingson the LOS Convention.
Thank you for considering the views of the U.S. Commission on Ocean Policy on this important matter and I urge that the resolution authorizing U.S. accessionto the LOS Convention be scheduled in the Senatebefore the adjournment of the 108th Congress.
Sincerely,
;...,... q )Ii ,,--' "Ii
amesD. Watkins Admiral, U.S. Navy (Retired) Chairman Enclosures
cc: 'The Honorable Richard G. Lugar -
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Statement by Admiral JamesD. Watkins, USN (Retired) Chairman,U.S. Commissionon OceanPolicy Before the Committeeon ForeignRelations United StatesSenate October14,2003
Mr. Chainnan:
Thank you for inviting me to testify before your Committeetoday on the important subjectof United Statesaccession the United Nations Law of the Sea(LOS) to Convention. The U.S. Commissionon OceanPolicy has takena strong interestin the international implications of oceanpolicy sincethe inceptionof our work. Our 16 Commissioners were appointedby the President -12 from a list of nomineessubmittedby the leadership of Congress -and represent broad spectrum oceaninterests. The OceansAct of a of 2000 (P.L. 106-256)specificallychargedour Commissionwith developing recommendations a rangeof oceanissues,including recommendations a national on for oceanpolicy that"... will preservethe role of the United Statesas a leaderin oceanand coastalactivities." With this chargein mind, the Commissiontook up the issueof accession the LOS to Conventionat an early stage. At its secondmeeting in November,2001, the Commissioners heard testimony from Membersof Congress, federalagencies, trade associations, conservation organizations, scientific communityand coastalstates. We the heardcompelling testimonyfrom many diverseperspectives -all in supportof ratification of the LOS Convention. After reviewing ,these statements related and information, our Commissioners unanimouslypassed resolution in supportofUriited a Statesaccession the LOS Convention. The fact th*t this resolutionwas our to Commission's first policy pronouncement speaks the real senseof urgencyand to importanceattachedto this'issueby my colleagueson the Commission. t Membersof Congress, the The Commission'sresolutionwas forwardedto the P eSident, Secretaries Stateand Defense,and to otherinteresed parties. I have encloseda copy of of our resolution, and the accompanying transmittalI tters, for the record.
The responses receivedhave beenvery positive. Secretary StateColin Powell we of wrote that he "shared our views on the importanceof the Convention," and Admiral Vem Clark, Chief of Naval Operations,statedthat he ".. .stronglybelieve[d] that accedingto this Conventionwin. benefit the United Statesby advancingour national securityinterests and ensuringour continuedleadershipin the development and interpretationof the law of the sea." Ensuinghearings,and the additional infonnation we have gathered, have servedto reinforce our conviction that ratification of the LOS Conventionis very much in our national interest. I would like to sharewith you someof the reasons that our Commissioners have unanimouslyadoptedthis view of the Convention. The LOS Conventionwas describedby thosewho appeared beforethe Ocean Commissionas the "foundation of public orderof the oceans"and as the "overarching frameworkgoverningrights and obligations in the oceans." The United Stateswas involved in all aspects the development the Convention,including reshapingthe of of seabed mining provisions in the early 1990's. As a consequence, Convention the containsmanyprovisions favorableto U.S. interests. However, the foundationthat the LOS Conventionprovides is subjectto interpretation and will no doubtcontinueto evolve throughtime. The United Statesneedsto be an active leaderin this process,working to preservethe carefully craftedbalanceof interests that we were instrumentalin developing,and playing a leadership role in the evolution of oceanlaw and policy. Acceding to the Conventionwill allow us to fully and effectively fulfill that leadership role, and will enhance United Stateseconomic,environmentaland securityinterests. For example,there are a seriesof issuescurrentlybeing consideredby partiesto the Conventionwhich could havetremendous economicimplications for the United States. Of particular importanceis the work of the Convention's Commissionon the Limits of the ContinentalShelf, which is chargedwith reviewing claims and making recommendations the outer limits of the ContinentalShelf. This determinationwill in on turn be usedto establishthe extentof coastalstatejurisdiction over Continental Shelf resources.There are severalreasons why direct U.S. participation in this processwould be beneficial, namely: The LOS Conventionsetsup the groundrules by which coastalnations may assert jurisdiction over explorationand exploitation of natural resources beyond 200 miles to the outeredgeof the continentalmargin. This is particularly importantto the United States,which is one of only a few nations in the world with broad continentalmargins. The continentalmarginsbeyondthe United States'Exclusive Economic Zone (EEZ) are rich not only in oil and natural gas,but also appear containlarge to
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concentrationsof gashydrates,which may represent importantpotential an energysourcefor the future. The work of the ContinentalShelf Commissionin establishingclearjurisdictional limits createsa degreeof certaintycrucial to capital-intensivedeepwateroil and natural gas development projects. Industryrepresentatives stressed us the to importanceof this certaintynot only for potential investmentin energyresource development beyond our own EEZ, but in U.S. industry participation in approved development projects undertaken othernation's ContinentalShelves. on The work of the ContinentalShelf Commissionis now at a critical stage. All current partiesto the LOS Conventionmust submit their ContinentalShelf claims prior to 2009. The Commission's action on thesesubmissions will directly impactU.S. jurisdictional interests,particularly in the Arctic. Ifwe do not becomea party to the LOS Convention, we are in dangerof having the world leaveus behind on issuesof ContinentalShelf delimitation because will continueto be ineligible to participate in the selectionof we membersof the Commissionor nominateU.S. citizens for electionto that body. Acceding to the LOS Conventionwill also allow the United Statesto play an active leadership role in a hostof other issuesof economicimportance. As a party to the Convention,the U.S. canparticipate fully in InternationalSeabed Authority efforts to developrules and practicesthat will governfuture commercialactivities on the deep seabed.Currently, the U.S. is relegatedto observerstatus. As a party to the Convention,the United Stateswill alsobe in a much strongerposition to ensurethe preservation the balancebetweencoastalstateauthority and freedomof of navigation. The United States, whoseinternationaltrade and economichealthrelies so heavily on maritime commerce,cannotafford to remain on the sidelineswhile partiesto the LOS Conventionmakedecisionsthat directly impactnavigationalrights and maritime commerce. Further,the LOS Conventionprovides a comprehensive framework for protectionof the marine environment. The Conventionincludesarticles mandatingglobal and regional cooperation,technical assistance, monitoring and environmentalassessment, and establishinga comprehensive enforcement regime. The Conventionspecifically addresses pollution from a variety of sources, including land-based pollution, ocean dumping, vesseland atmospheric pollution, and pollution from offshore activities. The principles, rights and obligationsoutlined in this frameworkare the foundationon which more specific internationalenvironmentalagreements based. are The United Statesis party to many internationalagreements -including conventions pertaining to vesselsafety,environmentalprotectionand fisheries management -which arebaseddirectly on the LOS framework. ThoseUnited Statesrepresentatives who participatein the negotiationof theseagreements amongthe strongest are advocatesfor accession the LOS Convention. to
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For example,the CoastGuard, which hasplayed a leadrole in developinginternational agreements maritime safety, securityand environmentalprotection at the International on Maritime Organization(IMO), and also participatesin fisheriesnegotiations,told our Commissionthat: "[A] failure to accede the Conventionmaterially detractsfrom to United Statescredibility whenwe seekto advanceour various oceaninterestsbasedupon Conventionprinciples. Also, as anon-party, we risk losing our ability to influence internationaloceanspolicy by leaving importantquestionsof implementationand interpretationto otherswho may not shareour views." In testimonybefore our Commission,then-Commandant Admiral James Loy, and more recentlythe current Commandant,Admiral ThomasCollins, both strongly supportedUnited Statesaccession to the LOS Convention. From a securityperspective,the LOS Conventionprovidesa balanceof intereststhat protect freedomof navigationand overflight in supportof United States'national security objectives. The provisions were carefully crafted during negotiationof the LOS Convention,and reflect the substantialinput that the United Stateshad in their development. In particular, the Conventionprovidescore navigationalrights through foreign territorial seas,internationalstraitsand archipelagicwaters,and preservescritical high seasfreedomsof navigationand overflight seawardof the territorial sea,including in the EEZ. The navigationalfreedomsguaranteed the Conventionallow timely by movementby seaof U.S. forces throughoutthe world, and provide recognized navigationalroutes which canbe usedto expeditiouslytransportU.S. military cargo -95 percentof which moves by ship. The Convention's law enforcement provisions establisha regime that has provento be effective in furthering internationalefforts to combatthe flow of illegal drugsand aliens by vessel- efforts which directly impact our nation's security. The Convention establishes rights and obligations of flag states,port states, the and coastalstateswith respectto oversightof vesselactivities, and providesan enforcementframeworkto expeditiouslyaddress emergingmaritime securitythreats. However, therehave beenseveralinstances unilateralassertions jurisdiction which of of seemto disregardthe Convention'sclear meaningand intent relative to freedomof navigationand overflight. The United Stateshas unilaterally challengedsomeof the more excessive coastalstateclaims, relying on the navigationalfreedomsreflected in the Convention. There are also emergingissuesthat address balanceof interestsbetween the navigationalfreedomsand coastalstateauthority. The United Stateshas important interestsboth as a coastalstateand as a major maritime power. We will be in a much strongerand more credible position to challengeexcessive claims, and to shapethe future of issuesand outcomesthat impact our interests,if we are a party to the Convention. There are many otherexamplesof benefits that would be derived from U.S. accession to the LOS Convention. For example,the U.S. research fleet frequentlysuffers costly delays in ship schedulingwhen othernations fail to respondin a timely mannerto our research requests. Currently, we are not in a position to rely on articles in the Convention that address this issue,suchasthe "Implied Consent"article (Article 252) that allows
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research proceedwithin 6 monthsif no reply to the requesthas beenreceived,and to otherprovisions that outline acceptable reasonsfor refusal of a research request. Also, as a party to the Convention,the U.S. could participate in the memberselectionprocess, including nominating our own representatives, the International Law of the Sea for Tribunal, as well as the ContinentalShelf Commissionand the various organsof the International Seabed Authority that I have previouslymentioned. U.S. accession the LOS Conventionhasreceivedbipartisan supportfrom pastand to currentAdministrations. On November27,2001, Ambassador SichanSiv, U.S. Representative the United Nations Economicand Social Council, in his statement on in the GeneralAssemblyon Oceansand Law of the Sea,said: "Becausethe rules of the ConventionmeetU.S. national security,economic,and environmentalinterests,I am pleasedto inform you that the Administration of President GeorgeW. Bush supports accession the United Statesto the [LOS] Convention." More recentlythe G-8 Summit of held in June,2003, produceda G-8 Action Plan for Marine Environmentand Tanker Safetywhich stated: "Specifically, we commit to: [1.1] The ratification or accedingto and implementationof the United Nations Conventionon the Law of the Sea,which providesthe overall legal framework for oceans." Mr. Chairman,the input receivedby the U.s. Commissionon OceanPolicy reflects a broad consensus amongmanydiversegroups in favor of ratification of the LOS Convention. Over 140nationsareparty to the Convention. As I have described, there are many importantdecisionsbeing maderight now within the framework of the Conventionwhich will impactthe future of the public order of the oceansand directly impactU.S. interests. Until we are a party to the Convention,we cannotparticipate directly in the manybodiesestablished underthe Conventionthat are making decisions critical to our interests. While we remainoutsidethe Convention,we lack the credibility and position we needto influence the evolution of oceanlaw and policy. That law and policy is evolving as the provisions of the Conventionare interpretedand implemented. It is interestingto note, in this regard,that the Conventionwill be openfor amendment the first time beginning for in 2004. The OceanCommissionwas directedby our enabling legislationto make recommendations preservethe role of the United Statesas a leaderin oceanactivities. to We cannotbe a leaderwhile remainingoutsideof the processthat provides the framework for the future of oceanactivities. For this reason,I renew our Commission's unanimouscall for United Statesaccession the United Nations Law of the Sea to Convention. Thank you, Mr. Chairman. I standreadyto answeranyquestionsthat the Committee may have.
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