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.

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 VerDate Sep 11 2014 23:15 Apr 30, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HR361.IH HR361 kjohnson on DSK79L0C42PROD with BILLS 2 •HRES 361 IH 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 VerDate Sep 11 2014 23:15 Apr 30, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\HR361.IH HR361 kjohnson on DSK79L0C42PROD with BILLS 3 •HRES 361 IH 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, VerDate Sep 11 2014 23:15 Apr 30, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6300 E:\BILLS\HR361.IH HR361 kjohnson on DSK79L0C42PROD with BILLS 4 •HRES 361 IH 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 VerDate Sep 11 2014 23:15 Apr 30, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6300 E:\BILLS\HR361.IH HR361 kjohnson on DSK79L0C42PROD with BILLS 5 •HRES 361 IH 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, VerDate Sep 11 2014 23:15 Apr 30, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6300 E:\BILLS\HR361.IH HR361 kjohnson on DSK79L0C42PROD with BILLS 6 •HRES 361 IH 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; VerDate Sep 11 2014 23:15 Apr 30, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6300 E:\BILLS\HR361.IH HR361 kjohnson on DSK79L0C42PROD with BILLS 7 •HRES 361 IH 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; VerDate Sep 11 2014 23:15 Apr 30, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6300 E:\BILLS\HR361.IH HR361 kjohnson on DSK79L0C42PROD with BILLS 8 •HRES 361 IH 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 VerDate Sep 11 2014 23:15 Apr 30, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6300 E:\BILLS\HR361.IH HR361 kjohnson on DSK79L0C42PROD with BILLS 9 •HRES 361 IH 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 past Chairman of the Joints Chief of Staff, Gen- eral Joseph F. Dunford, further stated that ‘‘by remain- ing 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 coun- tries may come to doubt our commitment to act in ac- cordance 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 [Text truncated for display. Full text available on Congress.gov.]