It has already been ratified by 155 nations. Industry leaders and conservationists agree it will serve the needs of both business and the environment. And the Senate Foreign Relations Committee unanimously passed it in February 2004.
Despite all this, the U.S. Senate has yet to ratify the United Nations Convention on the Law of the Seas (LOS), an international treaty generally viewed as a "constitution for the oceans."
The delay is not altogether surprising. The United States has a long history of dragging its feet over LOS, which, among other things, provides a powerful international framework for the conservation of marine mammals.
In the works since 1973, LOS ran into opposition in the early 1980s when the United States and other industrialized nations objected to the section covering deep-sea mining; the parties ultimately came to an agreement over the issue, and the United States signed LOS in 1994 and forwarded the treaty to the Senate for ratification. But then-Sen. Jesse Helms of North Carolina, a conservative who doesn't believe in multilateral treaties, managed to keep LOS locked up in the Senate Foreign Relations Committee for years.
When Helms retired in 2003, LOS looked like it was finally headed for ratification—a prospect made even more hopeful by endorsements from the Defense and State departments, not to mention the Bush Administration itself. But then the arch-conservatives launched an offensive—calling the treaty an invasion of U.S. sovereignty, among other baseless criticisms—and has forced yet another delay in Senate ratification.
"...[S]upport for the treaty appears to be waning due to a few vociferous critics," then-HSUS Executive Vice President (now HSI President) Patricia Forkan wrote to Senate Majority Leader Bill Frist on April 23, 2004. "Unfortunately, this unfounded criticism has distorted the facts and has overshadowed the many other benefits of becoming a member of LOS. LOS is largely considered a 'constitution for the oceans.' Its role in the conservation of marine mammals through Article 65 is of vast importance."
The foot shuffling in the Senate has also inspired a good deal of editorial harrumphing in the press. "...[C]onservatives say the treaty's early defects have not been corrected and that it would turn over too much authority to unresponsive United Nations control," wrote Newsday in a May 17, 2004 editorial. "Besides, they say, the U.S. Navy rules the waves anyway.
"That's absurdly pugnacious," the editorial continued. "The Navy itself supports the treaty…Sen. Richard Lugar (R-IN), who chairs the Foreign Relations Committee, says it's only misguided discomfort with multilateralism that is standing in the way of ratification. In fact, the United States has voluntarily abided by the treaty's provisions, out of self-interest, for 20 years—but will have no say in its future unless it officially ratifies it. Now's the time to correct that, and only Bush can make sure it gets done."
From Leader to Observer
For three often contentious years between 1977 and 1980, The HSUS's Forkan worked on the Marine Environment Subcommittee of the Law of the Sea Advisory Committee. Then U.S. Ambassador-at-Large Elliot L. Richardson, whom President Jimmy Carter selected as special representative to the LOS conference, appointed Forkan to the committee, which was tasked with negotiating Article 65 until final adoption was reached.
Article 65 was completed and adopted in March 1980. Among other things, Article 65 exempts marine mammals from human exploitation. In other words, nations can choose to protect these animals from human industries, unlike all other marine resources under LOS, which must be exploited in one way or another; if a nation chooses to exploit marine mammals, it must work with a recognized international body (the International Whaling Commission) to ensure the sustainable use of the animal.
Following the article's adoption, Richardson wrote to Forkan to express his support for the final language. Among other things, he wrote, "In sum, the article is a basic and sound framework with which States and international organizations may pursue the future protection of these wonderful creatures for generations to come."
In her own letter to Majority Leader Frist, strongly urging the Senate to ratify LOS, Forkan wrote, "...[T]he American people care deeply about marine mammals, particularly whales. The United States participation in the negotiation of LOS led to the strong conservation and protection language that we have today in Article 65. In the 1980s, the United States was a leader in marine mammal protection. Today, we are mere observers. Our refusal thus far to ratify LOS has undercut our credibility when it comes to protection of marine mammals around the world."
The HSUS has already provided testimony to the Senate Foreign Relations Committee and to the Committee on Environment and Public Works. Our message has been constant: To fully protect whales and other highly migratory marine mammals around the world, the United States must become a member of LOS. America can no longer be a mere observer; it must become an active participant.
To read our letter to Senate Majority Leader Bill Frist, download the PDF.
To read our testimony on LOS, download the PDF.
What You Can Do:
Contact now-Senate Majority Leader Harry Reid and urge him to bring the United Nations Convention on the Law of the Sea to the Senate floor for a ratification vote. (Note: Mail to Sen. Reid can be seriously delayed due to security restrictions; please consider e-mailing or calling first.)
The Honorable Harry Reid
528 Hart Senate Office Bldg
Washington, DC 20510
Phone: 202-224-3542
Fax: 202-224-7327
E-mail via web form
http://reid.senate.gov/
