The Law of the Sea Convention

US Accession and Globalization


The Law of the Sea Convention: US Accession and Globalization, provides valuable insight into a number of contemporary and pressing issues concerning the world’s oceans and their management. Organized into two major sections, Part l presents the findings of senior-level experts addressing the fact that the United States is not a Party to the United Nations Convention on the Law of the Sea, 1982 (UNCLOS). Brought together on the occasion of the 34th Annual Conference of the Center for Oceans Law and Policy, University of Virginia School of Law (COLP), panels considered the impact of the lack of US participation in UNCLOS, evaluating topics such as energy and economic development, including the undersea cable industry, as well as ramifications for U.S. national security and navigational rights. Part ll of the volume examines key trends in commercial shipping, piracy and terrorism, islands and rocks, safety and navigational freedom, marine scientific research, and emerging global oceans policy issues. Presented by a diverse group of experts, the work brings together the results of an international meeting co-sponsored by the Korea Maritime Institute, the Netherlands Institute for the Law of the Sea and COLP. Collectively, the work included in this important volume contributes to the existing literature and will be of interest to scholars, practitioners and the policy community.
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Table of contents

Preface Acknowledgements University of Virginia Distinguished Lecture The Law of the Sea and Ethical Maritime Order in Southeast Asia Dr. N. Hassan Wirajuda, Former Minister for Foreign Affairs, Republic of Indonesia, and Adhyanti S. Wirajuda Suryana PART I: “United States Interests in Prompt Adherence to the Law of the Sea Convention” Keynote Addresses Statement on the UN Law of the Sea Convention Hillary Rodham Clinton, US Secretary of State US Interests in Prompt Adherence to the Law of the Sea Convention Lisa Murkowski, US Senator (R-Alaska) Remarks on the Law of the Sea Treaty Lawrence Eagleburger, Former US Secretary of State Remarks on the UN Law of the Sea Convention ADM Gary Roughead, Chief of Naval Operations, USN The Sky is Falling or Is It? Dissection of the Gulf of Mexico “Macondo” Oil Spill Quenton Dokken President/CEO Gulf of Mexico Foundation Panel I: UNCLOS—The Stakes for America Ambassador Mary Beth West, Moderator UNCLOS: the Stakes for America Ambassador David A. Balton UNCLOS: the Stakes for America ADM Paul A. Yost, Jr., USCG (Ret.) UNCLOS: the Stakes for America Margaret F. Spring UNCLOS: the Stakes for America Andrew Keller UNCLOS: the Stakes for America Michael J. Mattler Panel II: Energy and Economic Development Paul L. Kelly, Moderator Energy and Economic Development ADM James D. Watkins, USN (Ret.) US LOS Ratification: A Potential Resource Bonanza for US Industry R. Bruce Josten Panel II PowerPoint Presentation Links: PowerPoint: The National Ocean Industry and the Law of the Sea Treaty Randall Luthi PowerPoint: Law of the Sea Resource Frontiers Brian T. Petty PowerPoint: Non-Living Resources of the Continental Shelf Beyond 200 Nautical Miles: Speculations on the Implications of Article 82 of UNCLOS Paul L. Kelly Panel III: Submarine Cables – Critical Infrastructure Douglas R. Burnett, Moderator Panel III PowerPoint Presentation Links: PowerPoint: Submarine Cables: Critical Infrastructure Douglas R. Burnett PowerPoint: Undersea Cables and International Telecommunications Resiliency: Important to the Evolution of Global Financial Services Stephen R. Malphrus PowerPoint: Submarine Cables: Critical Infrastructure – Cable Owners’ Perspective Robert Wargo PowerPoint: Submarine Cables: Critical Infrastructure – Cable Suppliers’ Perspective Ronald J. Rapp Panel IV: Protecting and Enhancing US National Security Edwin D. Williamson, Moderator Protecting and Enhancing US National Security VADM Bruce W. Clingan, USN Protecting and Enhancing US National Security: The Reality of the Operational Aspects of UNCLOS RADM William Schachte, JAGC, USN (Ret.) Protecting and Enhancing US National Security RADM Nanette DeRenzi, JAGC, USN Panel V: DEBATE: Resolved: The Senate Should Give Prompt Advice and Consent to the Law of the Sea Convention Thomas R. Pickering, Moderator Pro: John Norton Moore, Director, Center for Oceans Law & Policy Con: Steven Groves, Fellow, The Heritage Foundation PART II: “Globalization and the Law of the Sea” Opening Remarks Hak-So KIM, President, Korea Maritime Institute Keynote Addresses Post-Crisis Global Rebalancing Barry Bosworth, Senior Fellow, Brookings Institution The UN’s Role in Combatting Piracy and Terrorism at Sea Sergey Tarasenko, Director, UN Division of Ocean Affairs and the Law of the Sea The Role of ITLOS in the Settlement of Law of the Sea Disputes José Luis Jesus, President, International Tribunal for the Law of the Sea Some Reflections on the First Request to the Seabed Disputes Chamber for an Advisory Opinion Michael W. Lodge, Legal Counsel, International Seabed Authority Panel I: Global Trends in Commercial Shipping Keun-Gwan LEE, Moderator Impact of Surging Ship-owners’ Liability and Compensation on P & I Insurance [PowerPoint only] Beom Shik PARK New Developments in the Arctic: Protecting the Marine Environment from Increased Shipping Erik Franckx and Laura Boone Climate Change and Shipping: Problems of Regime Compatibility Nilufer Oral Panel II: Piracy and Terrorism John Norton Moore, Moderator Maritime Terrorism and the Law of the Sea: Basic Principles and New Challenges Robert Beckman and Tara Davenport Brandishing “Legal Tools” in the Fight Against Maritime Piracy CDR James Kraska, JAGC, USN Predicting Piracy: Can We Anticipate the Future of Maritime Crime? Samuel Pyeatt Menefee Panel III: Islands and Rocks Alex Oude Elferink, Moderator Islands and Rocks in the Modern Law of the Sea David Anderson Islands or Rocks, Is that the Real Question? The Treatment of Islands in the Delimitation of Maritime Boundaries Clive Schofield How Much Can a Rock Get? A Reflection from the Okinotorishima Rocks Guifang (Julia) Xue Panel IV: Safety and Navigational Freedom Jin-Hyun PAIK, Moderator Policing the Sea and the Proportionality Principle Kuen-chen FU Recent Developments in Enhancing Safe Navigation in the Arctic Capt. J. Ashley Roach, JAGC, USN (Ret.) National Measures for the Safety of Navigation in Arctic Waters: NORDREG, Article 234 and Canada Ted L. McDorman Panel V: Marine Scientific Research Alfred H.A Soons, Moderator Marine Scientific Research [PowerPoint only] Capt. Javier Valladares (Argentina, Ret.) Regulating Marine Scientific Research in the European Union: It Takes More than Two to Tango: Ronán Long The Law and Practice Relating to Marine Scientific Research in Northeast Asia Ki-Jun YOU Panel VI: Emerging Global Ocean Policy Issues Myron H. Nordquist, Moderator Emerging Oceans Policy Issues VADM James W. Houck, JAGC, USN Deepwater Horizon and the Arctic: Is There a Need for International Regulation? Larry Mayer, Capt. J. Ashley Roach (Ret.), and Betsy Baker Panel VII: Commentary and Review of the Conference Jin-Hyun PAIK, Moderator The Particularly Sensitive Sea Area (PSSA): History and Development Haryo Budi Nugroho An Overview of Two Contemporary Issues in the Law of the Sea: Islands within the Context of Delimitation and Combating Piracy Off the Coasts of Somalia Teoman Uykur Review of the Conference: Globalization and the Law of the Sea Fernanda Millicay Globalization and the Law of the Sea: A Brief Overview Vita Onwuasoanya