III 

117TH CONGRESS 

1ST SESSION S. RES. 220 

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 

MAY 18, 2021 

Ms. HIRONO (for herself, Ms. MURKOWSKI, and Mr. KAINE) 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 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•SRES 220 IS 

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 167 parties, which 

includes 166 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 

United States current position of recognizing 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 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•SRES 220 IS 

UNCLOS to regulate foreign military activities in their 

EEZs; 

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 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 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, 


pbinns on DSKJLVW7X2PROD with BILLS
4 

•SRES 220 IS 

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 current Secretary of Defense, the Honorable 

Lloyd Austin, stated that ‘‘the United States has long 

treated the UNCLOS’s provisions related to navigation 

and overflight as reflective of longstanding and customary international 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 current Chief of Naval Operations, Admiral Michael Gilday, 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 July 


pbinns on DSKJLVW7X2PROD with BILLS
5 

•SRES 220 IS 

30, 2019, before the Committee on Armed Services of the 

Senate; 

Whereas the current Chief of Naval Operations, Admiral Michael Gilday, further 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; 

Whereas the current Commander of the United States IndoPacific 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 certainly 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 Glen VanHerck, stated, ‘‘It would be [in the inVerDate Sep 11 2014 21:17 May 19, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6300 E:\BILLS\SR220.IS SR220

pbinns on DSKJLVW7X2PROD with BILLS
6 

•SRES 220 IS 

terests of the United States to accede to the UNCLOS 

because] it gives us a better posture, a seat at the table, 

more credibility when we work many of the issues that 

we have to work around the globe with allies, partners, 

and potential competitors’’, on March 16, 2021, before 

the Committee on Armed Services of the Senate; 

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

General Glen VanHerck, further stated in regard to 

United States ratification of the UNCLOS that ‘‘as Russia takes over the Arctic Council in May [2021], it’s 

never been more crucial for us with our like-minded nations and allies and partners that we come to agreement 

to not allow Russia and China to exploit any seams and 

gaps’’, on March 16, 2021, before the Committee on 

Armed Services of the Senate; 

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

General Glen VanHerck, stated ‘‘I support the accession 

to UNCLOS. I think it puts us in a more strategic position when we address these issues internationally, globally, with competitors or our allies and partners as well’’, 

on April 14, 2021, before the Committee on Armed Services of the House of Representatives; 

Whereas the Commander, United States European Command, General Tod Wolters, answered in the affirmative 

under questioning from Congressman Joe Courtney on 

whether General Wolters supported the United States becoming a full participant to the UNCLOS, on April 15, 

2021, before the Committee on Armed Services of the 

House of Representatives; 


pbinns on DSKJLVW7X2PROD with BILLS
7 

•SRES 220 IS 

Whereas the past Commander of United States Indo-Pacific 

Command, 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 Indo-Pacific 

Command, Admiral Philip S. Davidson, further stated, 

‘‘I’m on record saying that [ratification of the UNCLOS] 

would be good for us, I think we would be hard-pressed 

to find a Navy Admiral that’s said otherwise’’, on March 

9, 2021, 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, 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; 


pbinns on DSKJLVW7X2PROD with BILLS
8 

•SRES 220 IS 

Whereas the past 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 ‘‘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 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 past Chairman of the Joint Chiefs of Staff, General Joseph F. Dunford, stated, ‘‘The Convention provides legal certainty in the world’s largest maneuver 

space.’’, that ‘‘access would strengthen the legal foundation 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 ‘‘joining 


pbinns on DSKJLVW7X2PROD with BILLS
9 

•SRES 220 IS 

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 past Chairman of the Joint Chiefs of Staff, General Joseph F. Dunford, further 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, 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 telecommuniVerDate Sep 11 2014 21:17 May 19, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6300 E:\BILLS\SR220.IS SR220

pbinns on DSKJLVW7X2PROD with BILLS
10 

•SRES 220 IS 

cations, 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 

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 John 

M. Richardson, stated that ‘‘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 past Chief of Naval Operations, Admiral John 

M. Richardson, further stated that ‘‘becoming a part of 

[the UNCLOS] would give us a great deal of credibility, 

and particularly as it pertains to the unfolding opportunities in the Arctic’’, and ‘‘this provides a framework to adjudicate disputes’’, on July 30, 2015, in his nomination 


pbinns on DSKJLVW7X2PROD with BILLS
11 

•SRES 220 IS 

hearing 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, 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 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: 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 GovVerDate Sep 11 2014 21:17 May 19, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\SR220.IS SR220

pbinns on DSKJLVW7X2PROD with BILLS
12 

•SRES 220 IS 

1 ernment, the importance of which was most recently 

2 underscored by the strategic challenges the United 

3 States faces in the Asia-Pacific, the Arctic, and the 

4 Black Sea regions. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS