III 

115TH CONGRESS 

2D SESSION S. RES. 598 

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 30, 2018 

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 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 states 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 nations 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 that ‘‘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 the past Chief of Naval Operations, Admiral Jonathan Greenert, stated ‘‘as a party to UNCLOS, we will 

be in a better position to counter the efforts of coastal 

nations to restrict freedom of the seas’’ on February 16, 

2012, before the Committee on Armed Services of the 

Senate; 

Whereas the Secretary of the Navy, the Honorable Ray 

Mabus, stated that ‘‘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 that ‘‘the convention has been approved by 

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bers of the UN Security Council, except the United 

States’’ on February 16, 2012, before the Committee on 

Armed Services of the Senate; 

Whereas the Secretary of the Navy, the Honorable Ray 

Mabus, further stated that ‘‘[o]ur 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 that ‘‘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 President and the Chief Executive Officer of the 

United States Chamber of Commerce, Thomas J. 

Donahue, stated that the Chamber ‘‘supports joining the 

Convention because it is in our national interest—both in 

our national security and our economic interests,’’ that 

‘‘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 

that ‘‘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 Mr. Donahue further stated that ‘‘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 


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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 that ‘‘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 Commandant of the United States Coast Guard, 

Admiral Paul Zukunft, stated on February 12, 2016, 

that ‘‘[w]ith the receding of the icepack, the Arctic Ocean 

has become the focus of international interest,’’ that 

‘‘[a]ll 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 that ‘‘[r]atification 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 former Chief of Naval Operations, Admiral Jonathan Greenert, further stated that ‘‘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 that ‘‘virtually 

every major ally of the U.S. is a party to LOSC, as are 


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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 Admiral Greenert further stated that ‘‘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 that ‘‘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 that ‘‘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,’’ that ‘‘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 that ‘‘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 that ‘‘[t]he Convention provides legal certainty in the world’s largest maneuver 

space,’’ that ‘‘access would strengthen the legal foundaVerDate Sep 11 2014 22:46 Jul 30, 2018 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6300 E:\BILLS\SR598.IS SR598

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tion 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 that 

‘‘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 Chairman of the Joints Chiefs of Staff General 

Dunford further stated that ‘‘by remaining outside the 

Convention, the United States remains in scarce company 

with Iran, Venezuela, North Korea, and Syria’’ and that 

‘‘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 that ‘‘acceding to the Convention 

would strengthen our credibility and strategic position’’ 

and that ‘‘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, before the Committee 

on Armed Services of the Senate; 

Whereas Admiral 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 opVerDate Sep 11 2014 22:46 Jul 30, 2018 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6300 E:\BILLS\SR598.IS SR598

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portunities in the Arctic’’ and that ‘‘this provides a 

framework to adjudicate disputes’’ on July 30, 2015, before the Committee on Armed Services of the Senate; 

Whereas the 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 that ‘‘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 the United States Pacific Command, Admiral Harry B. Harris, stated that ‘‘all maritime claims must be derived from land features in accordance with international law as reflected in the Law of the 

Sea Convention, and any disputes should be settled 

peacefully and in accordance with international law’’ and 

that ‘‘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 Admiral Harris further stated that ‘‘I think that by 

not signing onto it that we lose the creditability for the 

very same thing that we’re arguing for . . . 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; and 

Whereas former Commander of United States Pacific Command, retired Admiral Dennis Blair, stated that ‘‘if we 

want to focus on the Asia-Pacific going forward, we’re 


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going to have to find a way to pass the Law of the Sea 

because it does hurt us and it is striking to us that the 

Chinese have signed and they’re obligated but don’t want 

to do it,’’ and that ‘‘we have not signed but want them 

to do it, right? So it’s ironical to many in the region’’ on 

July 13, 2016, before the Subcommittee on East Asia, 

the Pacific, and International Cyber Security of the Committee on Foreign 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 of the Law of the 

5 Sea; 

6 (2) urges the Senate to give its advice and con7 sent to the ratification of the United Nations Con8 vention of the Law of the Sea (UNCLOS); and 

9 (3) recommends the ratification of UNCLOS 

10 remain a top priority for the administration, having 

11 received bipartisan support from every President 

12 since 1994, and having most recently been under13 scored by the strategic challenges the United States 

14 faces in the Asia-Pacific region and more specifically 

15 in the South China Sea. 

Æ 


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