The Law of the Sea: Key Quotations
NATIONAL SECURITY
“What the convention would do for our armed forces:
- It codifies navigational rights and freedoms essential for our global mobility.
- It helps sustain our combat forces in the field.
- It includes the right of innocent passage through foreign territorial seas, the right of transit passage through international straits and,
- [It includes] the right to exercise high-seas freedoms in foreign exclusive economic zones, all without permission or prior notice.
- It affirms the sovereign immunity of our warships and other public vessels, and it gives us the framework to counter excessive claims by state.”
General Martin Dempsey, Chairman of the Joint Chiefs of Staff;
Forum on LOTS Convention; 09 May 2012
“Under the Law of the Sea Convention we can be both strong, through our physical presence [and] with force when necessary, and smart, [by leveraging] law to mitigate the need for physical assertion.”
General Martin Dempsey, Chairman of the Joint Chiefs of Staff;
Forum on LOTS Convention; 09 May 2012
“Joining the convention will protect us from ongoing and persistent efforts on the part of a number of nations, including those with growing economic and military power, to advance their national laws and set precedents that could restrict our maritime activities, particularly within the bounds of their exclusive economic zones.”
Admiral James A. Winnefeld Jr., Vice Chairman of the Joint Chiefs of Staff;
SFRC Hearing on LOTS Convention; 14 June 2012
“If we do not join the convention, we’re at more risk than ever of nations attempting to impose such limitations under evolving interpretations of customary international law.”
Admiral James A. Winnefeld Jr., Vice Chairman of the Joint Chiefs of Staff;
SFRC Hearing on LOTS Convention; 14 June 2012
“By moving off of the sidelines, where we are now, and sitting at the table of nations that have ceded to this treaty, we can defend our interests, we can lead the discussions, and we would be able to influence those treaty bodies that develop and interpret the Law of the Sea.”
Secretary of Defense Leon Panetta;
Forum on LOTS Convention; 09 May 2012
“…More than anything else, I believe in [this] because we have young lieutenants that are commanding patrol boats, and we have bosun mates who are making law enforcement boardings; and they need the clarity and the continuity and the predictability that this convention provides in terms of making determinations on a daily basis on jurisdictional issues and other things.”
Admiral Robert J. Papp Jr., Commandant of the U.S. Coast Guard;
SFRC Hearing on LOTS Convention; 14 June 2012
“On any given day, USTRANSCOM has approximately 30 ships loading, unloading or under way. We have a mobility aircraft taking off and landing every 90 seconds. These assets are operated by our military components and our commercial partners.”
General William M. Fraser III, Commander of U.S. Transportation Command;
SFRC Hearing on LOTS Convention; 14 June 2012
“It’s vital we maintain freedom of the high seas and international overflight routes for our military and our commercial operations as these freedoms are essential to our nation’s strategic mobility.”
General William M. Fraser III, Commander of U.S. Transportation Command;
SFRC Hearing on LOTS Convention; 14 June 2012
“The Law of the Sea Convention protects our military mobile by legally binding favorable transit rights that support our ability to operate around the globe anytime and anywhere.”
General William M. Fraser III, Commander of U.S. Transportation Command;
SFRC Hearing on LOTS Convention; 14 June 2012
Geopolitical consequences in the Asia-Pacific
“As the populations and the economies of the Asia-Pacific region continue to grow, competing claims in the maritime domain by some coastal states are becoming more numerous and contentious. Some of these claims, if left unchallenged, will put us at risk, our operation the rights and our freedoms in key areas of the Asia-Pacific.”
Admiral Samuel J. Locklear III, Commander of the U.S. Pacific Command;
SFRC Hearing on LOTS Convention; 14 June 2012
“The convention is essential to locking in a stable, legal framework for the maritime domain that is favorable to our national interests and preserves our access to this critical region.”
Admiral Samuel J. Locklear III, Commander of the U.S. Pacific Command;
SFRC Hearing on LOTS Convention; 14 June 2012
Geopolitical consequences in the Arctic
“The convention is the only means for international recognition and acceptance of our extended continental shelf claims in the Arctic, and we are the only Arctic nation that is not a party to the convention.”
Secretary of Defense Leon Panetta;
Forum on LOTS Convention; 09 May 2012
“[The Arctic] is the opening of a new frontier, danger and uncertainty and also opportunity. U.S. accession to the convention joining all the other seven Arctic nations would be helpful in supporting peaceful opening of the Arctic, which is my mission.”
General Charles H. Jacoby Jr.: Commander of U.S. Northern Command;
SFRC Hearing on LOTS Convention; 14 June 2012
“It would empower me as I provide leadership on behalf of the United States in the Arctic to start with that rules-based frame work, the firmness of treaty law, in order to start sorting through the uncertainty that we face up there.”
General Charles H. Jacoby Jr.: Commander of U.S. Northern Command;
SFRC Hearing on LOTS Convention; 14 June 2012
“Our ability to effectively plan and allocate Arctic resources depends in part upon the delineation of maritime boundaries, sovereign rights, privileges and navigational freedoms.”
Admiral Robert J. Papp Jr., Commandant of the U.S. Coast Guard;
SFRC Hearing on LOTS Convention; 14 June 2012
“Being a nonparty detracts from our ability to best provide for the safety, security, and stewardship of our vast resource-rich maritime and emerging Arctic domains.”
Admiral Robert J. Papp Jr., Commandant of the U.S. Coast Guard;
SFRC Hearing on LOTS Convention; 14 June 2012
“Our planet’s environment is changing, and there is an increasing need to access resources responsibly. We can expect significant change and resulting economic benefit as the Arctic opens and delivers potentially extraordinary economic benefit to our country. Our coastline, one of the longest in the world, will increase.”
Henry Kissinger, George Schultz, James Baker III, Colin Powell,
and Condoleeza Rice; Former Secretaries of State (1973- 2009);
Wall Street Journal; 30 May 2012
SOVEREIGNTY
“Accession would help lock in a truly massive increase in the country’s resource and economic jurisdiction, not only to 200 nautical miles off our coasts, but to a broad continental shelf beyond that zone.”
Secretary of Defense Leon Panetta;
Forum on LOTS Convention; 09 May 2012
“The opponents of accession have put forward the myth that the Law of the Sea Convention would force us to surrender U.S. sovereignty. Nothing, nothing could be further from the truth.”
Secretary of Defense Leon Panetta;
Forum on LOTS Convention; 09 May 2012
“Not since we acquired the lands of the American West and Alaska have we had such a great opportunity to expand U.S. sovereignty.”
Secretary of Defense Leon Panetta;
Forum on LOTS Convention; 09 May 2012
“Critics claim we would surrender U.S. sovereignty under this treaty, but in fact it’s exactly the opposite.”
Secretary of State Hillary Clinton;
SFRC Hearing on LOTS Convention; 23 May 2012
“We would secure sovereign rights over vast new areas and resources, including our 200-mile exclusive economic zone and vast continental shelf areas extending off our coasts and at least 600 miles off Alaska.”
Secretary of State Hillary Clinton;
SFRC Hearing on LOTS Convention; 23 May 2012
“Some are concerned that the treaty’s provision for binding dispute settlement would impinge on our sovereignty. We are no stranger to similar provisions, including in the World Trade Organization, which has allowed us to bring trade cases, many of them currently pending, against abusers around the world. ….As with the WTO, the U.S. has much more to gain than lose from this proposition by being able to hold others accountable under clear and transparent rules.”
Secretary of State Hillary Clinton;
SFRC Hearing on LOTS Convention; 23 May 2012
“[The Law of the Sea]… protects our sovereignty… well before we would have to resort to any use of force.”
Admiral James A. Winnefeld Jr: Vice Chairman of the Joint Chiefs of Staff;
SFRC Hearing on LOTS Convention; 14 June 2012
“[Without it,] theoretically somebody could come into 201 miles off of our coast and explore for natural resources, and we [would not] have the power of the treaty behind us to say, ‘Sorry, you can’t do that.’”
Admiral James A. Winnefeld Jr: Vice Chairman of the Joint Chiefs of Staff;
SFRC Hearing on LOTS Convention; 14 June 2012
“The seabed authority only has limited authority to address mining activities on the deep seabed beyond the jurisdiction of any country. It has no authority to regulate activities in the world’s oceans or on the U.S. extended continental shelf.”
John Bellinger, Former Legal Advisor of the Department of State (2005- 2009);
SFRC Hearing on LOTS Convention; 14 June 2012
“The U.S. would only be required to pay royalties to the Deep Seabed Authority if it were actually developing resources on the U.S. extended continental shelf.”
John Bellinger, Former Legal Advisor of the Department of State (2005- 2009);
SFRC Hearing on LOTS Convention; 14 June 2012
“If critics are seriously concerned about the potential actions of the ISA, then the most effective way to restrict its activities would be for the U.S. to become party to the convention and take its permanent seat and [have] effective veto power on the ISA council.”
John Bellinger, Former Legal Advisor of the Department of State (2005- 2009);
SFRC Hearing on LOTS Convention; 14 June 2012
“Joining the convention does not subject the United States to significant new environmental litigation risks.”
John Bellinger, Former Legal Advisor of the Department of State (2005- 2009);
SFRC Hearing on LOTS Convention; 14 June 2012
“It is much more likely that there would be an adverse judgment or certainly litigation against a U.S. company that [tries] to engage in deep seabed mining or mining on the U.S. extended continental shelf outside the treaty.”
John Bellinger, Former Legal Advisor of the Department of State (2005- 2009);
SFRC Hearing on LOTS Convention; 14 June 2012
BUSINESS INCENTIVES
The advantages of ratification for business
“[The Law of the Sea Treaty] accords coastal states the right to declare an ‘Exclusive Economic Zone’ where they have exclusive rights to explore and exploit, and the responsibility to conserve and manage living and nonliving resources extending 200 nautical miles seaward from their shoreline. Our nation’s exclusive zone would be larger than that of any country in the world—covering an area greater than the landmass of the lower 48 states.”
Henry Kissinger, George Schultz, James Baker III, Colin Powell,
and Condoleeza Rice; Former Secretaries of State (1973- 2009);
Wall Street Journal; 30 May 2012
“U.S. firms would be able to obtain essential internationally recognized and exclusive rights to explore and exploit deposits of strategic minerals on the ocean floor beyond national jurisdiction and secure recognized title to the recovered resources.”
John Negroponte, Director of National Intelligence (2005-2007);
SFRC Hearing on LOTS Convention; 14 June 2012
“..Our failure to join the convention to date is negatively impacting our businesses.”
John Negroponte, Director of National Intelligence (2005-2007);
SFRC Hearing on LOTS Convention; 14 June 2012
“As a non-party to the treaty, the United States cannot sponsor Lockheed [Martin] to go out and get these minerals from the seabed.”
John Negroponte, Director of National Intelligence (2005-2007);
SFRC Hearing on LOTS Convention; 14 June 2012
“While the United States watches, 17 countries have approved exploration claims for deep seabed mining.”
John Negroponte, Director of National Intelligence (2005-2007);
SFRC Hearing on LOTS Convention; 14 June 2012
“The only way to give the companies the clear, internationally recognized title that they need before investing this type of money is to join the treaty and work through its continental shelf process.”
John Negroponte, Director of National Intelligence (2005-2007);
SFRC Hearing on LOTS Convention; 14 June 2012
Legality as a prerequisite for investment
“Some continue to assert we do not need to join the convention for U.S. companies to drill beyond 200 miles or to engage in deep seabed mining. However, under current circumstances, [companies] are very clear they will not take on the costs and risk these activities under uncertain legal frameworks; they need the indisputable internationally recognized rights available under the treaty.”
Secretary of State Hillary Clinton;
SFRC Hearing on LOTS Convention; 23 May 2012
“The multibillion-dollar investments needed to establish an ocean- based resource development business must be predicated upon clear legal rights established and protected under the treaty-based framework of the Law of the Sea convention, including the International Seabed Authority”
Bob Stevens, CEO of Lockheed Martin;
SFRC Hearing on LOTS Convention (letter submitted to written record); 14 June 2012
“The exploration and development of offshore resources is complicated and costly, and operating in the extended areas addressed under the Law of the Sea will be even more so. Before undertaking such immense investments, legal certainty in the property rights being explored and developed is essential.”
Rex Tillerson, Head of ExxonMobil;
SFRC Hearing on LOTS Convention (letter submitted to written record); 14 June 2012
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