The National Interest and the Law of the Sea

This report explores an important element of the maritime policy regime: the United Nations Convention on the Law of the Sea. Author Scott G. Borgerson examines the international negotiations that led to the convention, the history of debates in the United States over whether to join it, and the strategic importance of the oceans for U.S. foreign policy today.

• DOWNLOAD THE FULL TEXT OF THE REPORT HERE (4.7 MB PDF)

Author : Scott G. Borgerson is the visiting fellow for ocean governance at the Council on Foreign Relations (CFR). Before joining CFR, Dr. Borgerson was the director of the Institute for Leadership and an assistant professor at the U.S. Coast Guard Academy. During a decade on active duty, he also contributed to Coast Guard strategic planning efforts and served several tours at sea on narcotics interdiction and search and rescue missions, holding positions as navigator aboard the cutter Dallas and as commanding officer of the patrol boat Point Sal. Dr. Borgerson holds a U.S. Merchant Marine officer master’s license, is a board member of the Institute for Global Maritime Studies, and is a principal of Rhumb Line LLC, an independent, maritime consulting firm. He earned a BS with high honors from the U.S. Coast Guard Academy as well as an MALD and a PhD in international relations, both from the Fletcher School of Law and Diplomacy at Tufts University.

Overview : The oceans have long been a critical arena for international relations. Before there was air travel and instantaneous communication, people, goods, and ideas traveled the world by ship. For centuries a strong maritime presence—both military and commercial—has been essential for states with great power aspirations. Today, even with advances in technology, seaborne commerce remains the linchpin of the global economy. As the International Maritime Organization reports, “more than 90 percent of global trade is carried by sea.” And beyond trade, a host of other issues, ranging from climate change and energy to defense and piracy, ensure that the oceans will hold considerable strategic interest well into the future.

“Scott Borgerson … succinctly outlines the costs of remaining outside and the benefits of joining the 1982 UN Convention on the Law of the Sea. This report should be the first reading for those seeking to understand the arguments surrounding the treaty and how finally acceding to the convention is in our national security, economic, and environmental interests.”
—Senator John Kerry (D-MA)

In this Council Special Report, Scott G. Borgerson explores an important element of the maritime policy regime: the United Nations Convention on the Law of the Sea. He examines the international negotiations that led to the convention, as well as the history of debates in the United States over whether to join it. He then analyzes the strategic importance of the oceans for U.S. foreign policy today. The report ultimately makes a strong case for the United States to accede to the Convention on the Law of the Sea, contending that doing so would benefit U.S. national security as well as America’s economic and environmental interests. Among other things, the report argues, accession to the convention would secure rights for U.S. commercial and naval ships, boost the competitiveness of American firms in activities at sea, and increase U.S. influence in important policy decisions, such as adjudications of national claims to potentially resource-rich sections of the continental shelf.

The National Interest and the Law of the Sea offers a combination of historical, legal, and strategic analysis. It illustrates how much of what the United States seeks to do in the world—be it deploying military forces abroad or ensuring adequate supplies of energy—depends in large measure on the sea. The result is an important contribution on a set of issues that has been central to national power and foreign policy for centuries.

~ by werievents on July 2, 2009.