Post by Howard Paterson on Apr 22, 2008 4:05:23 GMT -5
IN THE SENATE OF THE UNITED STATES
Mr. Paterson (for himself) offers:
A BILL
To pass an act ratifying the already signed Law of the Sea treaty but better known as The United Nations Convention on the Law of the Sea (UNCLOS)
BE IT ENACTED by the House of Representatives and the Senate of the United States.
SECTION 1. SHORT TITLE.
This bill shall be cited and known as the `Sea Act of 2008'.
SECTION 2. DEFINITIONS.
1. For the purposes of this Act, `UNCLOS' shall refer to the United Nations Convention on the Law of the Sea.
SECTION 3. FINDINGS.
Congress finds that -
1. Many provisions of UNCLOS are already accepted by the United States as customary international law despite the fact that the United States is not an official party of the treaty. This could result in many instances, - where the terms of the treaty may or may not apply to ourselves. This vague definition of whether we follow UNCLOS or certain provisions of it is insufficient. furthermore, The Convention offers a peaceful way to resolve territorial and natural resource disputes through the ISA or the International Tribunal for the Law of the Sea, based on agreements which signatory parties have already committed to. In contrast, without ratification, the US has no peaceful recourse if another non-signatory party decides to close its straits to navigation.
2. Many of our allies have already signed and ratified UNCLOS. Including All major NATO, ANZU & NAFTA friends and allies.
3. Oceans cover over 70 percent of the Earth. In the US, there are laws to keep marine resources available for future generations. UNCLOS sets a legally binding international standard which aims to protect the marine wildlife and environment.
4. The US military, which relies heavily on its ability to freely navigate on and fly over the sea, has been a strong advocate of UNCLOS. In the absence of treaty law, the US relies on customary law that can change as states' practices change. Also, under this customary law, the Pentagon claims that countries often make unreasonable and irresponsible claims on marine territory that frustrates US military action. The US has tried to work around these claims, but without a legal framework to support them, the Pentagon believes it risks compromising its intelligence and military operations at sea.
5. Each country has exclusive rights to manage the resources in areas near its coast. Under the terms of UNCLOS, which maps out the boundaries of these areas, the American zone is larger than that of any other country in the world. The size of this zone is 3.36 million square miles — bigger than the lower 48 states combined. In addition, under UNCLOS, coastal states can exercise sovereign rights over natural resources within the extended continental shelf area beyond this territory. It would also give US companies an opportunity to apply for licenses with the ISA, which manages claims to resources in the deep seabed, an area over which no country has sovereign rights.
SECTION 4. PROVISIONS.
1. Congress shall ratify the already signed UNCLOS treaty thereby making the United States of America and official party of the treaty and therefor following it's provisions and making it binding upon the United States of America.
SECTION 5. ENACTMENT.
This bill shall be enacted three months after the President's signature.
SECTION 6. PLAIN ENGLISH SUMMARY.
A bill putting the Law of the Sea treaty already signed but not ratified into effect in the United States of America.
Mr. Paterson (for himself) offers:
A BILL
To pass an act ratifying the already signed Law of the Sea treaty but better known as The United Nations Convention on the Law of the Sea (UNCLOS)
BE IT ENACTED by the House of Representatives and the Senate of the United States.
SECTION 1. SHORT TITLE.
This bill shall be cited and known as the `Sea Act of 2008'.
SECTION 2. DEFINITIONS.
1. For the purposes of this Act, `UNCLOS' shall refer to the United Nations Convention on the Law of the Sea.
SECTION 3. FINDINGS.
Congress finds that -
1. Many provisions of UNCLOS are already accepted by the United States as customary international law despite the fact that the United States is not an official party of the treaty. This could result in many instances, - where the terms of the treaty may or may not apply to ourselves. This vague definition of whether we follow UNCLOS or certain provisions of it is insufficient. furthermore, The Convention offers a peaceful way to resolve territorial and natural resource disputes through the ISA or the International Tribunal for the Law of the Sea, based on agreements which signatory parties have already committed to. In contrast, without ratification, the US has no peaceful recourse if another non-signatory party decides to close its straits to navigation.
2. Many of our allies have already signed and ratified UNCLOS. Including All major NATO, ANZU & NAFTA friends and allies.
3. Oceans cover over 70 percent of the Earth. In the US, there are laws to keep marine resources available for future generations. UNCLOS sets a legally binding international standard which aims to protect the marine wildlife and environment.
4. The US military, which relies heavily on its ability to freely navigate on and fly over the sea, has been a strong advocate of UNCLOS. In the absence of treaty law, the US relies on customary law that can change as states' practices change. Also, under this customary law, the Pentagon claims that countries often make unreasonable and irresponsible claims on marine territory that frustrates US military action. The US has tried to work around these claims, but without a legal framework to support them, the Pentagon believes it risks compromising its intelligence and military operations at sea.
5. Each country has exclusive rights to manage the resources in areas near its coast. Under the terms of UNCLOS, which maps out the boundaries of these areas, the American zone is larger than that of any other country in the world. The size of this zone is 3.36 million square miles — bigger than the lower 48 states combined. In addition, under UNCLOS, coastal states can exercise sovereign rights over natural resources within the extended continental shelf area beyond this territory. It would also give US companies an opportunity to apply for licenses with the ISA, which manages claims to resources in the deep seabed, an area over which no country has sovereign rights.
SECTION 4. PROVISIONS.
1. Congress shall ratify the already signed UNCLOS treaty thereby making the United States of America and official party of the treaty and therefor following it's provisions and making it binding upon the United States of America.
SECTION 5. ENACTMENT.
This bill shall be enacted three months after the President's signature.
SECTION 6. PLAIN ENGLISH SUMMARY.
A bill putting the Law of the Sea treaty already signed but not ratified into effect in the United States of America.
