legal beat
FOOTNOTES
Testimony of Joseph J. Cox, President and CEO, Chamber of Shipping of America, before the U.S. Senate Committee on Foreign Relations, October 4, 2007. 6 Vanden Brook, "Iran boats threaten to blow up U.S. ships", USA Today, Jan. 7, 2008; www.USATODAY.com. 7 Although Iran is not a party to the Convention, the U.S. needs the support of treaty parties to ensure its rights are protected. 8 Art.38, LOS Convention. 9 Testimony of Paul L. Kelly, on behalf of the American Petroleum Institute, the International Association of Drilling Contractors, the National Ocean Industries Association, and the U.S. Oil and Gas Association, on October 4, 2007. 10 The U.S. will have 10 years after accession. 11 The Commission has already begun its work. See "Board of Scientists Is Swamped By Claims for Rich Sea Floors," www.wsj.com; 2/23/08. 12 Kelly at p.5, Negroponte at 7.
5
Freedom of Navigation
The U.S. is both a maritime nation and a nation dependent on trading with the rest of the world. To maintain its supremacy and economic well-being, the U.S. must be able to have the freedom of navigation it is entitled to under the Convention. Although the United States has taken the position that the remainder of the Convention aside from Part XI on DSM is part of "customary international law" and should be accorded due respect, the best way to protect the freedom of the high seas and rights of transit through EEZs and vital straits is by being a Party to the Convention. As Joe Cox, President of the Chamber of Shipping of America, testified: "freedom of the seas and rights of innocent passage are not theoretical concepts [to the maritime industry]. These are critical aspects of the Law of the Sea Convention and ones that we rely on for the effective operation of our industry."5 When Iranian gunboats attempted in January to prevent U.S. naval ships from transiting the Strait of Hormuz, a major shipping route for oil from the Mideast,6 we are fortunate they backed down and the incident did not lead to the next conflict in the Middle East. To ensure that U.S. navigational rights through international straits are protected, the U.S. should become a party to the Convention.7 The Convention explicitly guarantees the rights of all nations to transit through international straits. 8
Energy Security About 66% of our energy, particularly oil and gas, comes from other
nations. Most of the oil and gas arrives in the United States on ships. Making sure the sea lanes are open to arriving ships is an essential prerequisite to keeping energy supplies secure. In addition to ensuring a safe energy supply, the U.S. is looking to the outer reaches of the continental shelf as well as future sources in the Arctic to maintain energy security and independence. As Paul Kelly, consultant with Rowan Companies, testified, the oil and gas industry is looking further and further offshore to develop new supplies of oil and gas, and as it does so, its rights are best secured through the Convention and in particular through its Commission on the Limits of the Continental Shelf (Commission).9 Article 76 of the Convention allows nations to establish sovereignty over extended continental shelves beyond 200 miles. The Commission's procedures afford the U.S. and other parties greater legal certainty over these shelves and their valuable resources.10 Original parties to the Convention have until May 13, 2009 to file submissions with the Commission.11 The U.S. will be unable to maximize its rights (or counter other claims) unless it is a party to the Convention.12
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nlike training sites that use popcorn or other substitutes, students at Ohmsett - The National Oil Spill Response Test Facility, get hands-on training recovering real oil using full-scale equipment and technologies under conditions that simulate an actual oil spill. Training sessions can be tailored to your needs.
Ohmsett Facility Leonardo, NJ 732-866-7183 or 703-787-1580 www.ohmsett.com
Managed by the U.S. Department of the Interior, Minerals Management Service
National Security and the Arctic
Beginning in 2001, Russia has staked a claim to the Lomonosov Ridge (a ridge that underlies the Arctic
April 2008
18 MTR
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