Don’t Sink ‘Law of the Sea’

There’s no good reason why the “Law of the Sea” -- a set of global rules for navigating, mining and conserving the oceans -- shouldn’t sail through the Senate, past the president and into law.

After all, the treaty, signed by 145 nations, counts among its supporters environmental, military and diplomatic officials in the Bush administration and oil industry groups such as the American Petroleum Institute, as well as environmental organizations such as the Natural Resources Defense Council.

Those unlikely partners came together because they believe the agreement would protect marine life below the waves while ensuring U.S. freedom of navigation on top of them. More than 28% of all U.S. exports and 48% of all U.S. imports depend on such transport rights.

So too does the nation’s security. Under current law, U.S. warships have no right to patrol such waterways as the Malacca Strait, an area in Southeast Asia where piracy is common and terrorists affiliated with Al Qaeda sometimes traffic. The treaty would give U.S. military officials a legal basis for intervention.

The treaty has been in effect for 10 years without U.S. involvement. The big push to join came this year -- and was labeled an urgent priority by Bush officials -- because for the first time, in November, the document will be open for amendment.

Several dozen nations propose changes that could hurt U.S. interests, such as giving more rights to drill or mine in the Arctic seabed. If the U.S. doesn’t sign, it will have no voice in any such changes.

Moderate, expert consensus alone, however, isn’t enough to move international legislation through Congress. Just days after the Senate Foreign Relations Committee passed the treaty 19 to 0 on Feb. 25, anti-internationalists took to conservative platforms such as Rush Limbaugh’s radio show and denounced it as a scheme to, as one opponent put it, “dissolve or diminish U.S. sovereignty and replace it with global governance.”

Playing to this chorus, Senate Majority Leader Bill Frist (R-Tenn.) now says the Senate may not have time to consider the document this legislative year.

Opponents of the treaty complain that signing nations agree to pay into an international “Seabed Authority” that would be able to tax oil and petroleum explorers up to 7% after 10 years. Many oil company experts, however, consider such taxes a minor expense of doing business.

By supporting U.S. membership, Frist can be a master and commander of domestic policy, advancing U.S. maritime interests as well as fostering a more positive foreign image of this nation.