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Senate Testimony Regarding U.S. Adherence to Law of the Sea Convention

Published online by Cambridge University Press:  10 March 2017

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Type
Contemporary Practice of the United States Relating to International Law
Information
American Journal of International Law , Volume 98 , Issue 1 , January 2004 , pp. 173 - 175
Copyright
Copyright © American Society of International Law 2004 

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References

1 See United Nations Convention on the Law of the Sea, opened for signature Dec. 10, 1982, 1833 UNTS 397 (1994) [hereinafter LOS Convention]. The Convention entered into force on November 16, 1994.

2 See Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982, July 28, 1994, S. Treaty Doc. NO. 103-39, at 263 (1994), 1836 UNTS 41. The implementing agreement “provisionally entered into force” on November 16, 1994. For background, see Annick de, Marffy-Mantuano, The Procedural Framework of the Agreement Implementing the 1982 United Nations Convention on the Law of the Sea, 89 AJIL 814 (1995).Google Scholar

3 See Message from the President of the United States Transmitting the United Nations Convention on the Law of the Sea, S. Treaty Doc. No. 103-39, at III (1994).

4 Information on the ratification status of the Convention and the 1994 implementing agreement may be found at <http://www.un.org/Depts/los/reference_files/status2003.pdf>. Shortly after the SFRC scheduled its hearings (on November 7, 2003), Canada deposited its instrument of ratification.

5 See LOS Convention, supra note l, Art. 298(1).

6 See Accession to the 1982 Law of the Sea Convention and Ratification of the 1994 Agreement Amending Part XI of the Law of the Sea Convention and Ratification of the 1994 Agreement Amending Part XI of the Law of the Sea Convention: Hearing Before the Senate Comm. on Foreign Relations, 108th Cong. (2003) (testimony of William H. Taft IV, legal adviser, U.S. Department of State), at <http://foreign.senate.gov/hearings/2003/hrg031021a.html> [hereinafter Taft testimony]. Other administration witnesses also testified on October 21. Nongovernment witnesses had already testified on October 14.

7 Id. at 6-7.

8 [Editor’s Note: While the Convention permits a state to claim a continental shelf extending beyond two hundred nautical miles from the state’s baselines (subject to certain limits), Article 82 sets forth a formula by which the “coastal State shall make payments or contributions in kind in respect of the exploitation of me non-living resources of the continental shelf beyond 200 nautical miles.” Those payments are made to the Convention’s “Authority” for distribution “on the basis of equitable sharing criteria, taking into account the interests and needs of developing States, particularly the least developed and land-locked among them.” See LOS Convention, supra note 1, Art. 82.]

9 Taft testimony, supra note 6, at 9–12.