Outlaw of the Sea

The Senate Republicans' UNCLOS Blunder

A Map of Conflicts in the South China Sea (Sam Pepple / Sample Cartography). Click to enlarge.

When U.S. Senators Kelly Ayotte (R-N.H.) and Rob Portman (R-Ohio), both vice presidential hopefuls, recently declared their opposition to the UN Convention on the Law of the Sea, they virtually guaranteed that it would be dead on arrival if it were sent to the Senate. A group of 34 senators, including Ayotte and Portman and led by Jim DeMint (R-S.C.), is now on the record promising to vote against UNCLOS, which is enough to make getting the two-thirds majority necessary for ratification impossible.

UNCLOS was first negotiated 30 years ago. But back then, U.S. President Ronald Reagan objected to it because, he argued, it would jeopardize U.S. national and business interests, most notably with respect to seabed mining. A major renegotiation in 1994 addressed his concerns, and the United States signed. Now, the U.S. Navy and business community are among UNCLOS' strongest supporters. So, too, was the George W. Bush administration, which tried to get the treaty ratified in 2007 but failed due to Republican opposition in the Senate.

Register Now
Non-Subscriber
Register now to get three articles each month. Join us as a paid subscriber and get unrestricted access to all of Foreign Affairs, including on our iPad app.
Please note that we will never share your email address with a third party. Read our privacy policy.
Register for free to continue reading.
Registered users get access to three free articles every month.

Or subscribe now and save 55 percent.

Subscription benefits include:
  • Full access to ForeignAffairs.com
  • Six issues of the magazine
  • Foreign Affairs iPad app privileges
  • Special editorial collections

Latest Commentary & News analysis