Speeches
32nd Oceans Conference
Remarks by Ambassador Patricia Herbold
U.S. Ambassador to Singapore
January 9, 2008
Deputy Prime Minister Jayakumar, Excellencies, Distinguished Guests, Ladies and Gentlemen – good morning.
I’m so pleased to have been invited to make a few opening remarks at this important and timely conference. First, let me offer my special thanks to the co-hosts of the conference – Singapore’s Ministry of Foreign Affairs and the University of Virginia’s Center for Oceans Law and Policy.
Thanks also to Myron Nordquist, the Associate Director at the Center, who invited me to participate when a mutual friend of ours told Myron that I was hanging out in Singapore these days.
The subject of this conference is “Freedom of the Seas, Passage Rights and the 1982 Law of the Sea Convention” and these are issues that are very important to the United States.
As both a Pacific and an Atlantic nation, the United States has basic and enduring national interests in the oceans. We believe that the full range of these interests is best protected through a widely accepted international framework governing uses of the sea.
The consistent cornerstone of U.S. oceans policy of each U.S. Administration since the 1960s has been to conclude a comprehensive treaty on the law of the sea that will be respected by all countries.
Many of you may recall President Ronald Reagan’s words in 1983:
“The United States has long been a leader in developing customary and conventional law of the sea. Our objectives have been consistently to provide a legal order that will, among other things, facilitate peace, international uses of the oceans, and provide for the equitable and effective management and conservation of marine resources. The United States also recognizes that all nations have an interest in these issues.”
As you all know, the United States did not sign the 1982 United Nations Convention on the Law of the Sea because, in President Reagan’s words:
“Several major problems in the Convention’s deep seabed mining provisions are contrary to the interests and principles of industrialized nations and would not help attain the aspirations of developing countries.”
President Reagan also said that his administration would support ratification of a convention if it met six basic objectives, and in 1994 those objectives were achieved.
The Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea, with Annex -- adopted on July 28, 1994 -- fundamentally changed the deep seabed mining regime of the Convention in ways that met the objections to Part XI previously expressed by the United States and other industrialized nations.
Following the entry into force of the Convention in 1994, and of the Implementing Agreement in 1996, an internationally recognized regime for mining of the deep seabed has evolved to respond to future demand for minerals.
The Convention and Implementing Agreement were submitted to the U.S. Senate for its advice and consent in 1994. In 2004, the Senate Foreign Relations Committee favorably reported them.
The Senate did not act on that recommendation during the 108th and 109th sessions of Congress but, pursuant to President Bush’s request last May, the Senate Foreign Relations Committee held hearings during this past September and October. On October 31, 2007 the Committee again voted to recommend that the Senate give its advice and consent.
Just three weeks ago, on December 19th, the Committee’s Executive Report on the Convention and Implementing Agreement was filed with the Senate, and they are on the Senate’s Executive Calendar for the second session of this 110th Congress. We look forward to the full Senate voting on these treaties in the next few months.
Turning to another theme of this conference, the United States has long been a leader in the protection of navigational rights and freedoms. The United States has consistently promoted and facilitated peaceful international uses of the oceans. The United States recognizes that all nations have an interest in -- and responsibility for -- protecting those rights and freedoms.
In 1983, President Reagan stated that the Convention “contains provisions with respect to the traditional uses of the oceans which generally confirm existing maritime law and practice and fairly balance the interests of all states.”
Since then, the United States has accepted and acted in accordance with the balance of interests reflected in the Convention relating to traditional uses of the oceans -- such as exercising and asserting navigation and overflight rights -- and has recognized the rights of other States in the waters off their coasts.
Also, for the past quarter century, the United States has not acquiesced in unilateral acts of other States that are inconsistent with the Convention and that seek to restrict the rights and freedoms of the international community in navigation and overflight and other related high seas uses.
This conference provides a timely opportunity to review and assess the balance of interests reflected in the Convention. I see from the program that the distinguished speakers who are participating in this conference will be addressing these issues.
I wish all of you a productive conference. For those of you who don’t live in Singapore, I hope you’ll occasionally have a break from these important discussions so you have an opportunity to experience the beauty, warmth and vitality of Singapore and its people.
This is a remarkable country with lots to offer visitors. I’m very happy to welcome you to Singapore and am sure you’ll enjoy your stay here.
Thank you very much.