IV 
116TH CONGRESS 
1ST SESSION 
H. RES. 454 
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 HOUSE OF REPRESENTATIVES 
JUNE 20, 2019 
Mr. COURTNEY (for himself, Mr. YOUNG, Mrs. DAVIS of California, Mr. LAR-
SEN of Washington, Mr. GARAMENDI, Mr. LANGEVIN, Mr. GALLEGO, and 
Ms. SHERRILL) submitted the following resolution; which was referred to 
the Committee on Foreign Affairs 
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 Na-
tions Conference on the Law of the Sea in December 
1982, and entered into force in November 1994 to estab-
lish a treaty regime to govern activities on, over, and 
under the world’s oceans; 
Whereas UNCLOS builds on four 1958 Law of the Sea con-
ventions 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 relat-
ing 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 reg-
ulate economic activities in their Exclusive Economic 
Zones (EEZs), but do not have the right to regulate for-
eign 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 relat-
ing 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 interpre-
tations 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. Em-
bassy that it had decided that ‘only interested States par-
ties to the United Nations Convention on the Law of the 
Sea will be admitted as observers’ and thus could not ac-
cede to the U.S. request.’’; 
Whereas, on November 25, 2018, Russia violated inter-
national norms and binding agreements, including the 
United Nations Convention on the Law of the Sea, in fir-
ing 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 Ukrain-
ian 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 
to Ukraine,’’ demonstrating the Tribunal’s rejection of 
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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 Russia 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 Feb-
ruary 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 signa-
tory weakens our position with other nations, allowing 
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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 ac-
cession 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, Mr. Thomas J. 
Donahue, stated, ‘‘we support joining the Convention be-
cause 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—particu-
larly on the extended continental shelf (ECS)—without 
the legal certainty and stability accession to LOS pro-
vides’’, on June 28, 2012, before the Committee on For-
eign Relations of the Senate; 
Whereas the President and the 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 telecommuni-
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; 
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Whereas the past Commander of United States Pacific Com-
mand, Admiral Samuel J. Locklear, stated that 
UNCLOS is ‘‘widely accepted after a lot of years of de-
liberation 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 Feb-
ruary 12, 2016, ‘‘With the receding of the icepack, the 
Arctic Ocean has become the focus of international inter-
est.’’, and ‘‘All Arctic states agree that the Law of the 
Sea Convention is the governing legal regime for the Arc-
tic Ocean . . . yet, we remain the only Arctic nation that 
has not ratified the very instrument that provides this ac-
cepted legal framework governing the Arctic Ocean and 
its seabed.’’, and ‘‘Ratification of the Law of the Sea 
Convention supports our economic interests, environ-
mental protection, and safety of life at sea, especially in 
the Arctic Ocean.’’; 
Whereas the past Chief of Naval Operations, Admiral Jona-
than Greenert, further stated, ‘‘remaining outside Law of 
the Sea Convention (LOSC) is inconsistent with our prin-
ciples, 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 perma-
nent 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; 
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Whereas the past Chief of Naval Operations, Admiral Jona-
than 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 oper-
ations with our partners and demonstrate a clear com-
mitment 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 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’’, and, ‘‘those States are parties to 
the Convention, and are well along the path to obtaining 
legal certainty and international recognition of their Arc-
tic 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 
our ability to transit through international straits and 
archipelagic waters; preserve our right to conduct mili-
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tary 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 oper-
ations 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 chal-
lenging excessive maritime claims’’, on July 9, 2015, be-
fore 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 com-
pany 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 Com-
mittee 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 
in the Arctic’’, and, ‘‘this provides a framework to adju-
dicate disputes’’, on July 30, 2015, in his nomination 
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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 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 Com-
mand, retired Admiral Harry B. Harris, stated ‘‘I believe 
that UNCLOS gives Russia the potential to, quote, un-
quote ‘own’ almost half of the Arctic Circle, and we will 
not have that opportunity because of, we’re not a signa-
tory to UNCLOS,’’ on March 15, 2018, before the Com-
mittee on Armed Services of the Senate; and 
Whereas the past Commander of United States Pacific Com-
mand, 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 inter-
national arena. The United States is a beacon—we’re a 
beacon on a hill but I think that light is brighter if we 
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sign on to UNCLOS’’, on February 23, 2016, at a hear-
ing before the Committee on Armed Services of the Sen-
ate: Now, therefore, be it 
Resolved, That the House of Representatives— 
(1) affirms that it is in the national interest for 
the United States to become a formal signatory of 
the United Nations Convention on the Law of the 
Sea; 
(2) urges the United States Senate to give its 
advice and consent to the ratification of the United 
Nations Convention on the Law of the Sea 
(UNCLOS); and 
(3) recommends the ratification of UNCLOS 
remain a top priority for the administration, having 
received bipartisan support from every President 
since 1994, and having most recently been under-
scored by the strategic challenges the United States 
faces in the Asia-Pacific, the Arctic, and the Black 
Sea regions. 
Æ 
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