Amid Gulf tensions, the sea needs rules
U.S. Coast Guard Day, observed on August 4, comes at a time when the world’s attention is again focused on the Persian Gulf and the Strait of Hormuz. Rising tensions in the region have once again shown how closely maritime security is connected with energy, trade and global peace. The U.S. Coast Guard has a long history of protecting American waters, rescuing people at sea, preventing smuggling and helping ships in distress. Its role also reflects a larger reality of the modern world: the oceans are too important to be governed only by naval power. They need common rules accepted by countries.
The most important international framework for this purpose is the United Nations Convention on the Law of the Sea, or UNCLOS. It is widely regarded as the basic legal framework for the world’s oceans. It covers navigation, territorial waters, maritime boundaries, fishing, seabed resources, marine pollution and the rights of coastal countries. The United States signed UNCLOS in 1982 but has not ratified it. The U.S. Senate has never approved the Convention. American objections have included the original provisions dealing with deep-seabed mining, international dispute settlement, military activities at sea and concerns about national sovereignty.
The deep-seabed provisions were later revised through the 1994 Agreement. America’s position remains unusual. Although it is not a party to UNCLOS, the United States accepts many of its basic navigation rules as customary international law. Washington strongly supports freedom of navigation and regularly challenges maritime claims it considers excessive. The continuing tension in the Persian Gulf makes this issue especially important. The Gulf is a narrow........
