Report on the Proposed United States Ratification of the UN Convention on the Law of the Sea (UNCLOS)

Introduction

A bipartisan group of United States Senators has introduced a resolution urging the Senate to ratify the United Nations Convention on the Law of the Sea (UNCLOS). The proponents argue that ratification is a long-overdue measure critical for U.S. national security, economic interests, and environmental stewardship. This action would align the United States with the globally recognized legal framework governing the world’s oceans and seas, directly supporting the achievement of several Sustainable Development Goals (SDGs).

UNCLOS, which entered into force in 1994, provides a comprehensive legal structure for all maritime activities. While the United States signed the treaty in 1994, it remains one of the few nations that has not ratified it, thereby limiting its formal influence in international maritime governance.

Alignment with Sustainable Development Goals (SDGs)

The call for ratification emphasizes benefits that are intrinsically linked to the UN’s 2030 Agenda for Sustainable Development. The primary connections are outlined below.

SDG 14: Life Below Water

Ratification is presented as a foundational step toward fulfilling the objectives of SDG 14, which aims to conserve and sustainably use the oceans, seas, and marine resources.

• Conservation Efforts: U.S. participation would strengthen its ability to support and shape international ocean conservation initiatives and environmental protection standards.
• Sustainable Resource Management: The treaty provides the framework for managing marine resources, including fisheries and potential deep seabed minerals, in a manner that ensures long-term viability.

SDG 16: Peace, Justice, and Strong Institutions

Proponents argue that joining UNCLOS is essential for promoting peace and justice on the high seas by reinforcing international law and strengthening global governance institutions, a core tenet of SDG 16.

• Strengthening National Security: Ratification would provide the U.S. with a stronger legal basis to protect its national security interests, ensure freedom of navigation, and counter illegal encroachments by adversaries.
• Formal Dispute Settlement: It would grant the U.S. access to the treaty’s mechanisms for settling disputes related to ocean matters, promoting a rule-based international order.
• A Seat at the Table: Formal participation would allow the U.S. to play a leading role in setting the international agenda for the maritime domain, rather than ceding influence to other nations.

SDG 8: Decent Work and Economic Growth & SDG 9: Industry, Innovation, and Infrastructure

The economic arguments for ratification directly support the goals of sustainable economic growth (SDG 8) and resilient infrastructure and innovation (SDG 9).

1. Economic and Commercial Interests: The treaty would secure and expand oceanic access for U.S. maritime industries, protecting commercial interests at sea.
2. Resource Development: It would provide the legal certainty needed to capitalize on economic opportunities, including the exploration and development of resources in exclusive economic zones and on the extended continental shelf, particularly in the Arctic.
3. Critical Infrastructure and Minerals: U.S. influence in discussions on deep seabed mining and subsea infrastructure is deemed critical for securing supply chains for minerals essential to future technology.

SDG 17: Partnerships for the Goals

By ratifying UNCLOS, the United States would fully commit to the most significant global partnership for ocean governance, embodying the spirit of SDG 17.

• Enhanced International Cooperation: Joining the 168 existing parties would enable the U.S. to engage more effectively in crucial international conversations and collaborations on all ocean-related issues.
• Global Leadership: The move is framed as essential for the U.S. to assert global leadership and ensure that American interests are represented in the ongoing development of the law of the sea.

Legislative Context

The resolution to ratify UNCLOS is not a new effort. It reflects a persistent, long-term advocacy supported by a broad coalition of environmental, scientific, labor, and industry organizations. The resolution has been previously introduced by its sponsors in the 116th, 117th, and 118th Congresses, highlighting an ongoing commitment to this foreign policy objective.

Analysis of Sustainable Development Goals in the Article

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 14: Life Below Water

  This goal is central to the article, which focuses on the United Nations Convention on the Law of the Sea (UNCLOS). The text explicitly mentions key areas related to SDG 14, such as “ocean conservation efforts,” “environmental control,” “marine scientific research,” “deep seabed mining,” and protecting the “world’s oceans and seas, and their resources.” The entire purpose of UNCLOS, as described, is to provide a legal framework for these activities, directly aligning with the objective of conserving and sustainably using marine resources.

• SDG 16: Peace, Justice and Strong Institutions

  The article strongly connects to SDG 16 by emphasizing the need for a robust international legal framework and institutions for ocean governance. The call for the US to ratify UNCLOS is framed as a move to strengthen “the rule of law” in the maritime domain. Phrases like “comprehensive legal framework,” “settlement of disputes relating to ocean matters,” and asserting a role in setting the “international agenda for the maritime domain” all point to building effective and inclusive institutions at the global level.

• SDG 17: Partnerships for the Goals

  This goal is relevant as the article advocates for the United States to join a critical global partnership. UNCLOS is described as the “globally recognized framework,” and the US’s absence is portrayed as sitting “on the sidelines.” Ratifying the treaty is presented as a necessary step to “engage in important international conversations” and work with the global community, which is the essence of strengthening global partnerships for sustainable development.

2. What specific targets under those SDGs can be identified based on the article’s content?

1. Target 14.c: Enhance the conservation and sustainable use of oceans and their resources by implementing international law as reflected in the United Nations Convention on the Law of the Sea.

   This is the most directly relevant target. The entire article is a call for the US Senate to ratify UNCLOS. The text states that UNCLOS “is the globally recognized framework for dealing with all matters relating to the law of the sea.” Ratification is the primary mechanism for a country to formally commit to implementing this international law.

2. Target 14.a: Increase scientific knowledge, develop research capacity and transfer marine technology.

   The article mentions that UNCLOS governs “marine scientific research” and that ratification is supported by “scientific… organizations.” This implies that joining the convention would support and provide a stable legal framework for international scientific collaboration concerning the oceans.

3. Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.

   The article highlights that UNCLOS provides a framework for the “settlement of disputes relating to ocean matters.” By ratifying the treaty, the US would formally accept these mechanisms, thereby promoting the rule of law at the international level for maritime issues and preventing adversaries from “illegally encroaching on territory.”

4. Target 17.14: Enhance policy coherence for sustainable development.

   The US’s failure to ratify UNCLOS creates a policy incoherence between its actions and the established international legal standard followed by the rest of the world. The article argues that ratification would allow the US to “assert [its] rights on the global stage” and align its national security and economic interests with the global maritime order, thus enhancing policy coherence.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

• Implied Indicator for Target 14.c: Status of US ratification of the UN Convention on the Law of the Sea.

  The most direct and measurable indicator of progress discussed in the article is the ratification status of the treaty. The article explicitly states, “the US Senate has not yet voted to ratify the treaty.” Progress would be the change in this status from “signed but not ratified” to “ratified.” The repeated introduction of the resolution in the 116th, 117th, and 118th Congresses is a measure of the ongoing effort, while the final vote would be the ultimate indicator.

• Implied Indicator for Target 16.3: US participation in international bodies and dispute settlement mechanisms established by UNCLOS.

  The article repeatedly mentions the need for the US to have a “seat at the table” and stop “sit[ting] on the sidelines.” An indicator of progress, post-ratification, would be the active participation of the US in the institutions created by UNCLOS, such as the International Seabed Authority or the Commission on the Limits of the Continental Shelf. This participation would demonstrate the strengthening of global governance and the rule of law.

4. Table of SDGs, Targets, and Indicators

Source: ecomagazine.com