III 

116TH CONGRESS 

1ST SESSION S. RES. 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. 

IN THE SENATE OF THE UNITED STATES 

JULY 25, 2019 

Ms. HIRONO (for herself and Ms. MURKOWSKI) submitted the following 

resolution; which was referred to the Committee on Foreign Relations 

RESOLUTION 

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. 

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 


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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; 


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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 


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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 signaVerDate Sep 11 2014 21:50 Jul 25, 2019 Jkt 034408 PO 00000 Frm 00004 Fmt 6652 Sfmt 6300 E:\BILLS\SR284.IS SR284

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tory 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 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 


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(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 


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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 nonparty 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 


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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 


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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 interVerDate Sep 11 2014 21:50 Jul 25, 2019 Jkt 034408 PO 00000 Frm 00009 Fmt 6652 Sfmt 6300 E:\BILLS\SR284.IS SR284

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national 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 

1 Resolved, That the Senate— 

2 (1) affirms that it is in the national interest for 

3 the United States to become a formal signatory of 

4 the United Nations Convention on the Law of the 

5 Sea; 

6 (2) urges the United States Senate to give its 

7 advice and consent to the ratification of the United 

8 Nations Convention on the Law of the Sea 

9 (UNCLOS); and 

10 (3) recommends the ratification of UNCLOS 

11 remain a top priority for the Administration, having 

12 received bipartisan support from every President 

13 since 1994, and having most recently been under14 scored by the strategic challenges the United States 

15 faces in the Asia-Pacific, the Arctic, and the Black 

16 Sea regions. 

Æ 


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