The Foreign Service Journal, November 2015

THE FOREIGN SERVICE JOURNAL | NOVEMBER 2015 29 What Is the U.N. Convention on the Law of the Sea? The United Nations Convention on the Law of the Sea (often referred to as the Law of the Sea Treaty) was origi- nally agreed to in 1982 and became binding in 1994. The Encyclopedia of Earth defines UNCLOS as “the most comprehensive attempt at creating a unified regime for governance of the rights of nations with respect to the world’s oceans. The treaty addresses a number of topics including navigational rights, economic rights, pollution of the seas, conservation of marine life, scientific exploration, piracy and more.” The treaty has been ratified by 167 parties; notably, the United States is not among them. In 2012, the last time a vote was attempted on the treaty in the Senate, enough Senators signaled their intention to vote against it that it could not gain the assent of two-thirds of the Senate. It therefore remains unratified. The main arguments against the treaty are that it impinges on U.S. sovereignty, including through interna- tional dispute arbitration and imposition of binding rules. It should be noted that there is significant support outside the Senate for ratification; for instance, within the military and the business community as well as among scientists. UNCLOS is rapidly becoming more important in mat- ters of the Arctic, its resources and land distribution. The continued U.S. failure to ratify the treaty will soon impinge on America’s ability to contribute to decisions on these issues through the acknowledged international frameworks. Passing the proposed bill on the establishment of a Senate- confirmed ambassador-at-large for Arctic affairs would also raise the profile of the Arctic within the federal government. Having a special representative is a step up from earlier practice; but this issue will only gain in prominence in the future, and the bureau- cracy should reflect that. The United States is used to a leadership role on global issues, particularly those that affect us at home. The Arctic is such an issue. It affects our oceans, our energy future, the people of Alaska, our business and transportation sectors, and our diplo- matic relations. Our Department of State and the Foreign Service can not only embrace that role, but excel at it. n