IV 
117TH CONGRESS 
1ST SESSION 
H. RES. 361 
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 
APRIL 30, 2021 
Mr. COURTNEY (for himself, Mr. YOUNG, Mr. LARSEN of Washington, Mr. 
GARAMENDI, Mr. LANGEVIN, and Mrs. LURIA) 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, 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 Fishing 
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and Conservation of the Living Resources of the High 
Seas; 
Whereas UNCLOS 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 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, main-
tains that coastal states under UNCLOS have the right 
to regulate economic activities in their Exclusive Eco-
nomic Zones (EEZs), but do not have the right to regu-
late 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 dat-
ing back to the adoption of UNCLOS in 1982; 
Whereas becoming a party to the treaty would codify the 
United States current position of recognizing the provi-
sions within UNCLOS as customary 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 ability of the 
United States to intervene as a full party to disputes re-
lating 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 
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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 ac-
cepted 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 Arbitra-
tion 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 for-
warded to the Parties for their comment a Note Verbale 
from the Embassy of the United States of America, re-
questing 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 vio-
lated international norms and binding agreements, in-
cluding 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 Ukrain-
ian naval vessels Berdyansk, Nikopol and Yani Kapu, 
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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 re-
turn 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 posi-
tion of the United States Government on the November 
25, 2018, incident, the continued nonparticipation of the 
United States in UNCLOS limits the ability of the 
United States to effectively respond to the Russian Fed-
eration’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 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 Mi-
chael Gilday, stated that ‘‘becoming a party to the Con-
vention would reinforce freedom of the seas and the navi-
gational 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 
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30, 2019, before the Committee on Armed Services of the 
Senate; 
Whereas the current Chief of Naval Operations, Admiral Mi-
chael Gilday, further stated that ‘‘acceding to the Con-
vention would strengthen our strategic position on issues 
pertaining to the [South China Sea and the Arctic]. The 
United States would have increased credibility when re-
sponding to excessive maritime claims and militarization 
efforts in the South China Sea. With respect to the Arc-
tic, becoming a party to the Convention would allow the 
U.S. to position itself to safeguard access for the pur-
poses 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 ques-
tions on July 30, 2019, before the Committee on Armed 
Services of the Senate; 
Whereas the Commander of United States Indo-Pacific Com-
mand, Admiral Philip S. Davidson, stated that ‘‘our ac-
cession to the UNCLOS would help our position legally 
across the globe and would do nothing to limit our mili-
tary 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 Commander of United States Indo-Pacific Com-
mand, 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 Commander, North American Aerospace De-
fense Command and United States Northern Command, 
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General Glen VanHerck, stated, ‘‘It would be [in the in-
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 De-
fense Command and United States Northern Command, 
General Glen VanHerck, further stated in regard to 
United States ratification of the UNCLOS that ‘‘as Rus-
sia takes over the Arctic Council in May [2021], it’s 
never been more crucial for us with our like-minded na-
tions 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 De-
fense Command and United States Northern Command, 
General Glen VanHerck, further stated ‘‘I support the 
accession to UNCLOS. I think it puts us in a more stra-
tegic position when we address these issues internation-
ally, globally, with competitors or our allies and partners 
as well.’’, on April 14, 2021, before the House Committee 
on Armed Services; 
Whereas the Commander, United States European Com-
mand, General Tod Wolters, answered in the affirmative 
under questioning from Congressman Joe Courtney on 
whether General Wolters supported the United States be-
coming a full participant in UNCLOS, on April 15, 
2021, before the House Committee on Armed Services; 
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Whereas the Commander, United States Pacific Fleet, and 
current nominee to be the Commander of United States 
Indo-Pacific Command, Admiral John C. Aquilino, stated 
that, ‘‘there’s really two main reasons [to ratify 
UNCLOS]: as the group gets together, it would be cer-
tainly beneficial if we had a seat at the table when there 
were discussions occurring as it applied to potential ad-
justments 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 
must stronger if we were signatories’’, on March 23, 
2021, 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 be-
lieve 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 sig-
natory to UNCLOS,’’ on March 15, 2018, before the 
Committee on Armed Services of the Senate; and 
Whereas the past Commander of United States Pacific Com-
mand, Admiral Harry B. Harris, further 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 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; 
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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 ca-
bles’’, 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 signa-
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 that ‘‘the Department strongly supports the 
accession to UNCLOS, an action consistently rec-
ommended by my predecessors of both parties’’, on Feb-
ruary 16, 2012, before the Committee on Armed Services 
of the Senate; 
Whereas the past Chairman of the Joints 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 founda-
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 our oper-
ations and intelligence-collection activities’’, and ‘‘joining 
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