Curious manoeuvrings on the UN Law of the Sea

by | Oct 20, 2007


Who’d have thought it? UNCLOS – the United Nations Convention on the Law of the Sea, hardly the sexiest multilateral environmental agreement around – has become a cause celebre for both the the progressive end of the US blogosphere and the Pentagon. What gives?

Here’s the story so far. UNCLOS, which covers issues like defining maritime zones, protecting the marine environment and preserving freedom of navigation, came into force in 1994. The US has signed it, but the Senate – where a band of diehards led by Sen. James Inhofe wants to block the treaty- has not yet ratified it. So far, so predictable.

But now the fun starts. First, why is the Administration – including the Pentagon, and indeed the President himself – telling the Senate to get a move on and ratify? Since when does the Pentagon care about this sort of thing? And second, why is the progressive blogosphere right alongside them in this endeavour?

Let’s take the bloggers first. They’re interested in the treaty not because of its environmental benefits (though those are fine by them too), but primarily because they think they can use it tactically to marginalise their enemies. Here’s Scott Paul at the Washington Note:

…the opposition to the Bolton nomination was a battle well chosen. It was very important on its merits: it successfully weakened and then partially removed an extremely negative element from the administration. But just as important was its execution. Thanks to some smart group decisions on strategy and message, the Bolton campaign is making current battles against pugnacious nationalism more winnable than before.

The effort to ratify the Law of the Sea convention is a campaign that matters for similar reasons. Yes, the Law of the Sea is compelling on its face. The armed forces rightly wants its navigational and overflight rights protected. Environmentalists rightly want the U.S. to join and add to global ocean stewardship efforts. And U.S. companies should have a chance to compete with foreign firms for offshore resources…

All of these are good reasons for the U.S. to accede to the Law of the Sea, but none of them alone or even in combination would necessarily make it important for the progressive agenda. So why is the Law of the Sea significant? Simple: our absence from the Law of the Sea is the outer wall of Fortress America. Winning the ratification battle would seriously de-fang the same pugnacious nationalists who are on the opposite side of almost every important foreign policy issue facing the U.S.

Matt Stoller expands on the point:

Without being able to pass the very basic Law of the Sea treaty, there is no way we will ever get a treaty through on global warming, create the space to internationalize the Iraq mess, or work with allies abroad in any coherent manner. Fortunately, this is extremely winnable. All it will take is some floor time from Reid, and we’ll win, embarrass, and marginalize the hyper-nationalists.

Note also the messaging strategies that progressive bloggers are using. Take this post by Taylor Marsh, for instance, which employs the derisive term “black helicopter crowd” no less than seven times to describe Sen. Inhofe’s band. It’s a pretty smart marginalising strategy, especially given that the national security tribe want the treaty.

Which leads us on to our other question. What does the Pentagon care? And what makes UNCLOS such a big deal that President Bush himself should endorse it? Essentially, the answer has to with securing access to international waters for the US Navy. The military worries that without being a party to the treaty, states might arbitrarily restrict access to US ships.

Well, fine, but that doesn’t altogether explain the urgency. This is hardly a new concern, is it? Well, actually, it is: step forward the emerging spat over the Northwest Passage, which in a warmer world becomes navigable by normal ships rather than just icebreakers. Canadian PM Stephen Harper is trying to make the case that the Passage lies within Canada’s waters – and hence that Canada gets to choose who sails through it. And if the US ratifies UNCLOS, it gains an important new tool in its kit for contesting Canada’s claim. QED!

So that, my friends, is the story of how the Pentagon, the netroots, President Bush and the Natural Resources Defense Council all got into bed with each other. Say what you like about climate change, it sure can trigger some curious political realignments…

Author

  • Alex Evans is founder of Larger Us, which explores how we can use psychology to reduce political tribalism and polarisation, a senior fellow at New York University, and author of The Myth Gap: What Happens When Evidence and Arguments Aren’t Enough? (Penguin, 2017). He is a former Campaign Director of the 50 million member global citizen’s movement Avaaz, special adviser to two UK Cabinet Ministers, climate expert in the UN Secretary-General’s office, and was Research Director for the Business Commission on Sustainable Development. Alex lives with his wife and two children in Yorkshire.


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