Photo 15: Undersea forest. (White House report.)

The 1982 Law of the Sea Convention (LOS) sets forth a comprehensive legal framework for the sea, the seabed and its subsoil as well as the protection of the marine environment and its natural and cultural resources. The Convention also recognizes the limits of a coastal nation’s maritime zones and boundaries. While it is not yet a party, the U.S. nevertheless observes the Convention as reflective of customary international law and practice. Senate advice and consent to accession is necessary before the U.S. can become a party. See l994 Letters of Transmittal and Submittal and Commentary, 1982 Law of the Sea Convention (U.S. Department of State, Dispatch Magazine, Vol. 6, Supp. 1, Feb. 1995).

U.S. Accession to the Law of the Sea Convention

U.S. accession to the Law of the Sea Convention has been supported by current and past Administrations (Republican and Democratic). See Department of State Law of the Sea Convention. The LOS is also supported by numerous private companies, organizations and individuals. See Supporters. On September 4, 2009, in an article written for the Seattle Times, NOAA Administrator Dr. Jane Lubchenco, Chair of the White House Council on Environmental Quality Nancy Sutley, and Commandant of the Coast Guard Admiral Thad Allen jointly stated that they strongly support ratification of the Law of the Sea Convention, citing the benefits of being able to better "address the changing realities of the global maritime environment" and to preserve "our ability to protect our domestic interests, including our extended continental shelf claims."

In a letter to the U.S. Senate Foreign Relations Committee, dated October 16, 2009, Secretary of State Hillary Clinton offered strong support for U.S. accession to the Convention, noting that as the country with the largest Exclusive Economic Zone, and one of the largest continental shelves, the United States stands more to gain from this treaty in terms of economic and resource rights than any other country. Secretary Clinton reiterated support for U.S. accession to the Convention on February 24, 2010, in testimony before the Committee, mentioning strong endorsement from the Department of Defense 2010 Quadrennial Defense Review for national security reasons, as well as economic and environmental benefits.

In Executive Order 13547 (July 19, 2010), President Barack Obama established a National Policy for Stewardship of the Ocean, our Coasts and the Great Lakes ("National Ocean Policy"). The Executive Order identifies U.S. accession to LOSC as a key priority in implementing the National Ocean Policy. The Executive Order also adopts the Final Recommendations of the Interagency Ocean Policy Task Force ("Final Recommendations"). The Final Recommendations reflect that the Task Force "strongly and unanimously supports United States accession to the Convention on the Law of the Sea and ratification of its 1994 Implementing Agreement."

The Senate Foreign Relations Committee held hearings on U.S. accession to the Law of the Sea Convention on September 27 and October 4, 2007. On October 31, 2007, by a vote of 17-4, the Committee voted in support of U.S. accession. On December 19, 2007, the Senate Foreign Relations Committee submitted its report and the resolution for advice and consent to the full Senate. This resolution was not brought to a vote of the full Senate before the end of the 110th Congress. Thus, a new resolution will have to be favorably voted upon by the Senate Foreign Relations Committee before the full Senate may take action.

Background and History

The practice of nations with respect to the jurisdictional rights and authorities of coastal States over activities in a belt of water off their coast dates back to at least the 17th century, where a three (3) nautical mile territorial sea was recognized as the limit of a coastal State’s control over activities off its coast. This recognition has been attributed to the range of a cannon in the 17th century, and is commonly known as the "canon shot rule." Seaward of the territorial seas were the high seas in which all vessels had the freedom of the seas, including navigation and exploitation. A customs zone or belt of water adjacent to the territorial sea developed in which it became recognized that coastal States may enforce certain customs and trafficking laws. Through President Harry Truman’s 1945 proclamation concerning the continental shelf, the United States asserted jurisdiction and control over the natural resources of the continental shelf, recognizing the shelf as a natural prolongation of U.S. territorial lands. In 1956, the United Nations held its first Conference on the Law of the Sea (UNCLOS I) that resulted in four conventions: the 1958 Convention on the Territorial Sea and Contiguous Zone, the 1958 Convention on the Continental Shelf, the 1958 Convention on the High Seas and the 1958 Convention on Fishing and Conservation of Living Resources of the High Seas. The United Nations held a second conference regarding the Laws of the Sea in 1960 (UNCLOS II). However, this conference did not result in any convention or agreement. Another UN conference was called in 1973 to address certain unresolved issues (UNCLOS III). This conference was concluded on Montego Bay, Jamaica in 1982, and resulted in the 1982 Law of the Sea Convention (LOSC).

Additional reference information:

• LOSC Fact Sheet (2011)
• Secretary of State Clinton Working to Win Senate Approval of LOSC (Dec. 19, 2011)
• Nancy Sutley, Jane Lubchenco and Thad Allen, "As an Arctic nation, U.S. must embrace smart, science-based stewardship," The Seattle Times, Sept. 4, 2009. (Contact The Seattle Times for permission to reprint or copy this article or photo.)
• Letter from Hillary Clinton to Senator John F. Kerry, (Oct. 16, 2009)
• Hillary Clinton Testimony before the Senate, Foreign Policy Priorities in the FY2011 International Affairs Budget: Hearing before the S. Comm. On Foreign Relations, 111th Congress (Feb. 24, 2010)
• U.S. Coast Guard Fact Sheet on the Law of the Sea Convention (June 12, 2009)
• S. Borgerson, The National Interest and the Law of the Sea (Council on Foreign Relations Special Report, May 2009).
• Senate Executive Report, 110th Congress, 1st Session, Exec. Rpt. 110-9 (December 19, 2007)
• Senate Executive Report, 108th Congress, 2nd Session, Exec. Rpt. 108-10 (March 11, 2004)
• United Nations Convention on the Law of the Sea (Dec. 10, 1982)
• Law of the Sea Convention
• 1994 Agreement: (A/RES/48/263). Also available through the General Assembly Resolutions page
• UN Division for Ocean Affairs and Law of the Sea
• UN Division for Ocean Affairs and Law of the Sea (DOALOS) site index
• UN Atlas of the Oceans
• UN-Oceans (interagency coordination mechanism on ocean and coastal issues within the UN system)
• Overview of the Law of the Sea Convention as it Relates to Fisheries (OceanLaw ISC 2006)
• 1982 Law of the Sea Convention, 1994 Letters of Transmittal and Submittal and Commentary (U.S. Department of State, Dispatch Magazine, Vol. 6, Supp. 1, Feb. 1995)
• 1958 Convention on the Territorial Sea and Contiguous Zone. Available for download.
• 1958 Convention on the Continental Shelf. Available for download.
• 1958 Convention on the High Seas. Available for download.
• 1958 Convention on Fishing and Conservation of Living Resources of the High Seas. Available for download.
• US Department of State Law of the Sea Convention
• US Department of State, Maritime Boundaries (Agreements and Treaties)
• US Department of State, Limits in the Seas
• CIA World Fact Book (contains information on the maritime zones and boundaries of nations, including disputed areas.)
• University of Virginia Commentary on the 1982 Law of the Sea Convention
• NOAA Office of Coast Survey, History of the Maritime Zones Under International Law
• Law of the Sea Online Training Courses

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