Cato Foreign Policy Briefing No. 32 September 12, 1994

Foreign Policy Briefing

Faulty Repairs: The Law of the Sea Treaty
is Still Unacceptable

by Doug Bandow

Doug Bandow is a senior fellow at the Cato Institute. He served as a special assistant to President Reagan and a deputy representative to the Third United Nations Conference on the Law of the Sea. He is the author of The Politics of Envy: Statism as Theology (Transaction Publications, 1994).


Executive Summary

The Clinton administration has signed a renegotiated version of the United Nations Law of the Sea Treaty, which has been submitted to the U.S. Senate for ratification. State Department officials claim that the revised treaty eliminates objectionable provisions pertaining to deep seabed mining, builds on a market-oriented approach to exploiting ocean resources, and supports American interests.

Although U.S. officials have won some modest improvements, the treaty still hinders seabed development and remains inimical to American interests. The convention would set up a burdensome UN bureaucracy to administer the oceans. The system would still force private firms to share their profits with, and provide free mine sites to, the new UN agency. The treaty would continue to apply anti-density and anti-monopoly provisions disproportionately to U.S. mining companies and might still allow the imposition of production limits. Last, the revised language, while not explicitly mandating technology transfers, remains a potential time bomb.

The Senate should reject the treaty and encourage interested countries to expand the decentralized, relatively informal arrangement that currently governs seabed mining and has served the international community well.

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1994 The Cato Institute
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