House Approves Courtney, Bera Amendment Calling for US Ratification of the Law of the Sea Convention
Washington – Today, the House passed an amendment introduced by Rep. Joe Courtney, Chairman of the House Seapower and Projection Forces Subcommittee, to the America COMPETES Act calling for full US ratification of the United Nations Convention on the Law of the Sea, or UNCLOS. The amendment, cosponsored by Representative Ami Bera, M.D., the Chairman of the House Asia, the Pacific, Central Asia, and Nonproliferation Subcommittee as well as Representatives Rick Larsen (D-WA), Elaine Luria (D-VA), Ed Case (D-HI) and Dereck Kilmer (D-WA), was passed by 221-211.
"In order to equip the United States to fully and credibly assert the rule of law in the maritime domain, particularly in the Indo-Pacific region, it's time for our nation to finally join 168 countries around the world and ratify UNCLOS," Courtney said. "Ratification of UNCLOS has long been supported by Presidents of both parties, military leaders, security experts and a range of organizations that rely on a rules-based order to ensure the free flow of commerce on the seas. This amendment for the first time firmly puts the House on record in support of long-overdue action on UNCLOS, and it's time to get this done.
"The United States has long abided by the terms of the United Nations Convention on the Law of the Sea (UNCLOS), and it is time we join the majority of the international community in ratifying this important agreement," said Bera. "This is particularly crucial given China's ongoing aggressive behavior in the maritime domain, which threatens not only U.S. allies and partners, but also U.S. commercial and security interests globally. Ratifying UNCLOS strengthens our ability to support our allies and partners in advancing a free, open, secure Indo-Pacific, and gives the United States more leadership and credibility as we continue to fly, sail, and operate wherever international law allows."
"As the COMPETES Act states, the People's Republic of China excessive maritime claims and artificial island-building in the Philippine Sea, the South China Sea and East China sea have been emphatically rejected by the un arbitration tribunal for the law of the sea in a 2016 ruling," Courtney added. "As our sea service leaders in the Navy and Coast Guard have publicly stated, ratification of UNCLOS would strengthen our nation's ability to join with allies to protect international law and freedom of navigation which is essential to peaceful trade and commerce"
The amendment expresses a Sense of Congress that it is in the national interest of the United States to become a formal signatory to the United Nations Convention on the Law of the Sea (UNCLOS) highlighted by increased malign activity in the Indo-Pacific, Arctic, and Black Sea regions.
To date, 168 countries are party to the convention, leaving the United States in the company of Venezuela, Iran, North Korea that have blatantly disregarded rules-based order in the maritime domain. Ratification of the UNCLOS treaty will bolster America's reputation as an international partner in recognizing the importance of freedom of navigation and maritime security.
Courtney has publicly advocated for the ratification of the treaty since 2015, when he penned an op-ed published in Roll Call. Since then, and most recently in 2021, he has introduced bipartisan legislation calling for ratification of UNCLOS.
In April 2021, Courtney and Bera co-chaired a joint hearing between the House Seapower and Projection Forces and the House Asia, the Pacific, Central Asia, and Nonproliferation Subcommittees examining security challenges in the Indo-Pacific and the importance of UNCLOS.
The America Competes Act, which this proposal amends, is expected to be considered for final passage tomorrow.
Additional Background
China and Russia have repeatedly engaged in illegal coercive behavior in their marine and maritime operations. In the South China Sea and East China Sea, the Chinese People's Liberation Army has dredged man-made islands, which have been quickly converted into military installations and airstrips for military aircraft. Chinese navy boats and vessels have repeatedly clashed with fishing boats, commercial vessels, and military ships operating in international waters. Russia has formally enhanced its claim to the seabed in the Arctic Ocean, stretching to Canada's and Greenland's exclusive economic zones (EEZ) and has continued to operate in the Sea of Azov to challenge Ukrainian vessels and restrict zones with little notice for their maritime exercises. With Russia's recent escalation on its border with Ukraine, Russia's Black Sea Fleet has the capability to operate in the Black Sea and disrupt Ukraine's naval operations.
In 2016, the International Tribunal for the Law of the Sea issued a monumental ruling on China's disputed claims to the South China. After being sued by the Republic of the Philippines, the court rebuked China's excessive claims in the South China Sea. In 2019, the same tribunal ruled in an overwhelming 19-1 vote that Russia violated international law by seizing Ukrainian vessels and detaining Ukrainian sailors in the Kerch Strait. Because the United States is not a signatory to the convention, we are unable to participate and provide evidence of excessive claims and illegal activity in international waters.
By abstaining from its ratification, the United States is unable to participate in the international process of maritime dispute resolution. Ratifying UNCLOS will give the United States the ability to strengthen its role in the development of international law of the sea and have a voice in debates about matters such as the rules of innocent passage through territorial seas and operations by military ships in EEZs.
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