III 

118TH CONGRESS 

1ST SESSION S. RES. 466 

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 

NOVEMBER 15, 2023 

Ms. HIRONO (for herself, Ms. MURKOWSKI, Mr. KAINE, Mr. VAN HOLLEN, 

Ms. ROSEN, Mr. CASSIDY, Mr. KING, and Mr. WHITEHOUSE) 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 the UNCLOS builds on four 1958 Law of the Sea 

conventions to which the United States is a party, namely 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 


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Fishing and Conservation of the Living Resources of the 

High Seas; 

Whereas the UNCLOS 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 ratification, the United 

States is not a party to the treaty or the associated 1994 

agreement; 

Whereas the treaty has been ratified by 169 parties, which 

includes 168 countries and the European Union, but not 

the United States; 

Whereas the United States, like most other countries, maintains that coastal States under the 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 navigational rights in EEZs, reflect the 

diplomatic position of the United States on the issue dating back to the adoption of the UNCLOS in 1982; 

Whereas becoming a party to the treaty would codify the current position of the United States, which recognizes the 

provisions within the UNCLOS as customary 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 ability of the 

United States 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 the 


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UNCLOS to regulate foreign military activities in their 

EEZs; 

Whereas becoming a party to the treaty would allow the 

United States to be a member of the International Seabed Authority and thereby participate directly in setting 

and voting on the policies organizing and controlling mineral-related activities in the international seabed area as 

global demand for critical minerals increases; 

Whereas more than 97 percent of the global internet traffic 

relies on infrastructure located on the international seabed compared to space-based infrastructure; 

Whereas lack of full-party membership to UNCLOS limits 

the access and influence of the United States to critical 

territorial dispute management, including matters involving pursuit and competition of extended outer continental 

shelf submissions, facilitated primarily by article 76, 

which represents the main tool assisting sovereign authority delimitation agreements; 

Whereas relying on customary international norms to defend 

United States interests in those issues is not sufficient, 

because customary international law 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 Permanent Court of Arbitration at The Hague is woefully insufficient to defend and 

uphold United States sovereign rights and interests; 

Whereas the Permanent Court of Arbitration, in the July 12, 

2016, ruling on the case In the Matter of the South 

China Sea Arbitration, stated that ‘‘the Tribunal communicated to the Parties and the U.S. Embassy that it had 


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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’’ to ‘‘send a representative to observe the hearing’’; 

Whereas, on November 25, 2018, the Russian Federation violated international norms and binding agreements, including the UNCLOS, 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 ‘‘[t]he 

Russian Federation shall immediately release the Ukrainian naval vessels Berdyansk, Nikopol and Yani Kapu, 

and return them to the custody of Ukraine’’ and that 

‘‘[t]he Russian Federation shall immediately release the 

24 detained Ukrainian servicemen and allow them to return to Ukraine’’, demonstrating the Tribunal’s rejection 

of the Russian Federation’s arguments in that matter in 

relation to the Law of the Sea; 

Whereas, despite the Tribunal’s ruling aligning with the position of the United States Government on the November 

25, 2018, incident, the continued nonparticipation of the 

United States in the UNCLOS limits the ability of the 

United States to effectively respond to the Russian Federation’s actions and to any potential future violations by 

the Russian Federation and any other signatory of 

UNCLOS; 

Whereas the Secretary of Defense, the Honorable Lloyd Austin, stated that ‘‘the United States has long treated the 

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national law. Our military already acts in a manner consistent with these rights and freedoms, so accession to 

the Convention will not impact the manner in which we 

conduct our operations’’, in response to a question for the 

record from Senator Hirono on January 21, 2021; 

Whereas the Chief of Naval Operations, Admiral Lisa 

Franchetti, stated that ‘‘the United States played a 

major role in drafting the Convention, and it is favorable 

to U.S. interests on all significant issues as a result. Further, our Navy already acts in a manner consistent with 

the Convention’s navigational and overflight provisions. 

Accession would not impose any additional constraints on 

the Navy’s ability to fly, sail, and operate wherever international law allows’’, in response to advance policy questions on September 14, 2023, before the Committee on 

Armed Services of the Senate; 

Whereas Admiral Franchetti further stated that ‘‘the United 

Nations Convention on the Law of the Sea would give 

our objections to excessive maritime claims a stronger 

legal foundation that does not rely exclusively on customary international law. When protesting excessive maritime claims asserted by the People’s Republic of China 

in the South China Sea, the Russian Federation in the 

Arctic region, and others, the United States would come 

from a position of increased authority and influence’’, in 

response to advance policy questions on September 14, 

2023, before the Committee on Armed Services of the 

Senate; 

Whereas the Commander of the United States Indo-Pacific 

Command, Admiral John C. Aquilino, stated that 

‘‘there’s really two main reasons [to ratify the 

UNCLOS]: as the group gets together, it would be cerVerDate Sep 11 2014 03:27 Nov 17, 2023 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6300 E:\BILLS\SR466.IS SR466

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tainly beneficial if we had a seat at the table when there 

were discussions occurring as it applied to potential adjustments and the interpretations of those international 

laws and the second reason is it puts us in an increased 

position of credibility . . . we adhere to the UNCLOS 

treaty in our operations, and it would make our position 

much stronger if we were signatories’’, on March 23, 

2021, at his nomination hearing before the Committee on 

Armed Services of the Senate; 

Whereas the Commander, North American Aerospace Defense Command and United States Northern Command, 

General Gregory M. Guillot, stated, ‘‘I support U.S. accession to the Law of the Sea Convention (UNCLOS). 

UNCLOS provides a comprehensive regime for the governance of the world’s oceans, including the Arctic, and 

U.S. accession would further demonstrate our commitment to an international rules-based order. Acceding to 

the treaty would enable U.S. representation during critical international negotiations that impact the maritime 

domain, provide an additional mechanism to counter 

countries like Russia and China that continue to exploit 

our absence from key ocean governance diplomatic forums, and ultimately help protect our nation’s rights and 

interests in this critical sphere of operations’’, in response to advance policy questions on July 23, 2023, before the Committee on Armed Services of the Senate; 

Whereas the Commander, North American Aerospace Defense Command and United States Northern Command, 

General Gregory M. Guillot, further stated in regard to 

United States ratification of the UNCLOS that ‘‘I believe 

accession to the Law of the Sea Convention would help 

the U.S. protect its interests in the Arctic. Accession 


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would demonstrate our commitment to a rules-based 

order, ensure our best interests are represented during 

international negotiations regarding territorial disputes 

and challenges to longstanding maritime customs and 

practices, and improve our ability to advocate for our 

ocean governance interests around the globe, including in 

the Arctic. Engagement through UNCLOS is particularly 

critical today as multiple nations vie for access and control in the Arctic and seek to modify international norms 

to accommodate expansionist ambitions around the globe 

in general, and in the Arctic in particular. Finally, accession would preclude Russia and China from exploiting 

U.S. absence in forums’’, in response to advance policy 

questions on July 23, 2023, before the Committee on 

Armed Services of the Senate; 

Whereas the Secretary of the Navy, Honorable Carlos Del 

Toro, stated ‘‘accession would ‘lock in’ the customary 

rights and freedoms reflected in the UNCLOS, and 

would give the U.S. a seat at the table to set the course 

for future law of the sea discussions on a coequal level 

with member states like China and Russia. China continues a more aggressive posture in the South China Sea. 

As widely reported, Chinese warships, law enforcement 

vessels, and other PRC-flagged vessels have failed to respect the rights of maritime nations under the Convention. As a party to the Convention, U.S. objections to 

these violations would have more force and credibility, 

and would enhance its ability to respond to excessive 

maritime claims, land reclamation, and militarization efforts by China in the South China Sea’’, in response to 

a question for the record from Senator Hirono on July 

13, 2021; 


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Whereas the past Commander of United States Indo-Pacific 

Command, retired Admiral Philip S. Davidson, stated 

that ‘‘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; 

Whereas the past Commander of United States Pacific Command, retired Admiral Harry B. Harris, stated ‘‘I think 

that by not signing onto it that we lose the credibility 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; 

Whereas the past Chairman of the Joint Chiefs of Staff, retired General Joseph F. Dunford, stated that ‘‘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, 


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2015, before the Committee on Armed Services of the 

Senate; 

Whereas the past President and Chief Executive Officer of 

the United States Chamber of Commerce, Mr. Thomas J. 

Donahue, stated that ‘‘we support joining the Convention 

because it is in our national interest—both in our national security and our economic interests’’, ‘‘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 Chief Executive Officer of 

the United States Chamber of Commerce, Mr. Thomas J. 

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 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 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.’’, ‘‘All Arctic states agree that the Law of the Sea 

Convention is the governing legal regime for the Arctic 


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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, retired Admiral 

Michael Gilday, stated that ‘‘acceding to the Convention 

would strengthen our strategic position on issues pertaining to the [South China Sea and the Arctic]. The 

United States would have increased credibility when responding to excessive maritime claims and militarization 

efforts in the South China Sea. With respect to the Arctic, becoming a party to the Convention would allow the 

U.S. to position itself to safeguard access for the purposes of maritime traffic, resource exploitation, and other 

human activities, while ensuring other states comply with 

the law of the sea’’, in response to advance policy questions on July 30, 2019, before the Committee on Armed 

Services of the Senate; and 

Whereas the past United States Special Representative of 

State for the Arctic and former Commandant of the 

Coast Guard, retired Admiral Robert Papp, Jr., stated 

that ‘‘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’’, ‘‘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 

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nental 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: 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 (UNCLOS), done at Montego Bay December 

6 10, 1982; 

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

8 advice and consent to the ratification of the 

9 UNCLOS; and 

10 (3) recommends the ratification of the 

11 UNCLOS remain a top priority for the Federal Gov12 ernment, the importance of which was most recently 

13 underscored by the strategic challenges the United 

14 States faces in the Indo-Pacific, the Arctic, and the 

15 Black Sea regions. 

Æ 


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