Law of the Sea Treaty now Dead

The Law of the Sea Treaty, which entered into force in 1994 and has been signed and ratified by 162 countries, establishes international laws governing the maritime rights of countries. The treaty has been signed but not ratified by the U.S., which would require two-thirds approval of the Senate.

Critics of the treaty argue that it would subject U.S. sovereignty to an international body, require American businesses to pay royalties for resource exploitation and subject the U.S. to unwieldy environmental regulations as defined.

“With 34 senators against the misguided treaty, LOST will not be ratified by the Senate this year,” Mr. DeMint said in a statement on his website.

Proponents of ratification argue that member nations are establishing rules of the sea that the U.S. would have to adhere to without a vote. They also argue that by ratifying the treaty, the U.S. would protect its claims and rights to mine America’s continental sea shelves and offshore waters for natural resources without interference from other countries or other entities.

Without ratification, U.S. energy companies won’t have the security they need to invest in exploring those areas for resources, supporters say.

Treaty opponents say the Navy and merchant fleet do fine now and for decades previously without the pact’s freedom-of-the-seas guarantees. They also say the treaty seeks to transfer wealth from U.S. companies exploiting energy resources to poorer, landlocked countries — setting a dangerous precedence for wealth distribution.

Mr. Portman and Mrs. Ayotte, in a joint letter Monday to Senate Majority Leader Harry Reid, Nevada Democrat, said that “after careful consideration” they concluded the treaty isn’t in the U.S. national interest.

“Proponents of the Law of the Sea Treaty aspire to admirable goals, including codifying the U.S. Navy’s navigational rights and defining American economic interests in valuable offshore resources,” the senators wrote. “But the treaty’s terms reach well beyond those good intentions.”