1998 Year of the Ocean The Oceans and National Security 



Convention is that the trend in excessive claims has abated with some states having rolled-back 

 their excessive claims. As more states become parties to the LOS Convention, which entered into 

 force in November 1994, there should be a heightened degree of convergence towards the 

 principles it sets forth. As of January 1998, 123 states are parties to the Convention." 



The position of the Department of Defense on the LOS Convention is clear: 



"The Department of Defense has long supported the Convention on national security 

 grounds. The Nation's security has depended upon our ability to conduct military 

 operations over, under, and on the oceans. We support the Convention because it 

 confirms traditional high seas freedoms of navigation and overflight; it details passage 

 rights through international straits; and it reduces prospects for disagreements with 

 coastal nations during operations."^'' 



Other International Legal Initiatives 



While ratification of the LOS Convention is an urgent short term goal of the Executive 

 Branch of the United States Government in the oceans arena, other international initiatives 

 affecting the use and quality of the oceans will require attention early in the coming decade. The 

 establishment of universally accepted rules for oceans governance will provide DoD and the 

 Coast Guard with clear guideposts for the types of design and operational standards which may 

 have to be met in the future. The rules will also be helpful in addressing global problems of 

 environmental degradation and resource depletion which can lead to conflict. Initiatives which 

 are currently under study include: 



(a) Seeking universal accession of states to the recently concluded 1 994 Agreement 

 relating to the Conservation and Management of Straddling Fish Stocks and Highly 

 Migratory Species. Universal acceptance of that agreement is important to help 

 protect fish species and because it establishes unique multinational enforcement 

 provisions and is a balanced model for international conservation. 



(b) Implementing the Global Action Plan on Marine Pollution from Land-Based Sources. 

 While international efforts to control vessel source pollution have been largely 

 successful, the more pervasive land-based sources have been inadequately addressed. 



(c) Obtaining universal accession to the 1996 Protocol to the London "Dumping" 

 Convention. That Convention establishes new safeguards and provides legal clarity 



33 The United States is still not a party to the LOS Convention. However, the Convention was forwarded to the Senate for 



advice and consent in the Fall of 1994 and is currently awaiting action by the Senate Foreign Relations Committee. Furthermore. 



since 1983, the United States has regarded most of the LOS Convention to represent a codification of customary international 



law. 



34Department of Defense, National Security and the Law of the Sea Convention p. I ( 1 996)(Quoting from Secretary of Defense 



William Perry Statement on July 29, 1994). 



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