October 21, 1981 EXTENSIONS OF REMARKS 24801 EXTENSIONS OF REMARKS LAW OF THE SEA AND zens to the strategic minerals of the international negotiations established to NATIONAL SECURITY deep seabed. Although assured access codify a new law of the sea. is what we in the Congress called upon Over the last seven years, a third Law of our negotiators to achieve in title II of the Sea conference has been periodically in HON. JOHN 8. BREAUX session under United Nations auspices. The OF LOUISIANA our domestic deep seabed mining legis­ result has been a "draft convention," that IN THE HOUSE OF REPRESENTATIVES lation, the Reagan administration's is, the proposed text of a new treaty. The interagency review has demonstrated scope of this most recent effort has been Wednesday, October 21, 1981 how woefully short of that goal we are very ambitious-too ambitious, some would • Mr. BREAUX. Mr. Speaker, many in the existing Draft Convention text. argue. The draft convention seeks not only Members, especially those who partici­ Mr. Speaker, Secretary Lehman's to cover the traditional issues of law of the pated in our debate of last year when analysis is succinct, forthright, and, sea, such as questions of navigation and ter­ ritorial waters, but also to adopt rules for we enacted the Deep Seabed Hard typical of a man of his integrity, does the mining of the seabed and the protection Mineral Resources Act, will recall my not hold any punches. I request that of fisheries, and to draw up a charter for a concern with the Draft Convention his speech be inserted in the RECORD new and potentially powerful international text which has been emerging from at this point and I urge my colleagues organization. negotiations at the Third United Na­ to take a few moments to consider his Whether or not one is well-grounded in tions Conference on Law of the Sea thoughts on the law of the sea and na­ the compelling treatises of Hugo Grotius or <UNCLOS ID. In fact, many Members tional security. John Locke on those elements of nature be­ longing to the "universal common," this from both sides of the aisle joined me STATEMENT OF HON. JOHN LEHMAN in a letter to then President-elect Law of the Sea Draft Convention must ulti­ Distinguished members of the World Af­ mately stand tests of both law and logic. We Reagan last December which request­ fairs Council, noted guests, Ladies and Gen­ have, perhaps, entered as nations into these ed the incoming administration to put tlemen: negotiations under the impression that we a "hold" on further U.S. participation It is both a pleasure and an honor to be are all "joint owners" of the world's oceans in the negotiations. We were con­ with you here today. As you well know, the and that which lies beneath and in them. I cerned that several different features U.S. Navy is currently embarked on a major would offer another interpretation. When of the text were inimical to U.S. do­ expansion of both forces and capabilities­ the assertion is made that the deep seas are mestic economy, foreign policy, and an expansion that will ultimately lead us the "common heritage of all mankind," it national security interests. We urged back to a position of unquestioned maritime does not mean that every nation considered superiority within this decade. It is an ambi­ sovereign is somehow a part owner. To the the administration to conduct a thor­ tious program-and a program which will contrary, what it means-and has always ough interagency review of U.S. objec­ require the fullest measure of national sup­ meant under international law-is that the tives and make an assessment of the port-but a program that will without ques­ seas are unowned. On that basis, no nation utility of continuing at UNCLOS III. tion produce a Navy that will serve as the has any right to any particular share of At that time, we were accused by centerpiece of our national strategy into the anything; no nation has a predetermined treaty proponents of using scare tac­ future, and as the vital guarantor of U.S. in­ voice or vote in what is to be done; and no tics to achieve a limited objective-a terests around the world. As an "island" one has any authority unless and until "better deal" for U.S. seabed mining nation, traditionally and increasingly de­ there is agreement about what is to be done. pendent on the seas for economic-and thus We forget such simple truths as a nation companies-at the expense of broader national-survival, it could scarcely be oth­ only at our peril. national security interests-the right erwise. Shortly after taking office, the Reagan of freedom of navigation. Our re­ Our future strength on the seas-and our Administration decided to undertake a thor­ sponse to this charge was based upon ability to preserve those vital seabridges to ough review of this draft convention. The an analysis of the existing treaty text friends and allies, and to maintain lifeblood review is essentially complete and soon the that left us concerned as to how good trade-is also dependent on other factors President will determine the direction of a job the treaty did in protecting our external to military balance. One of these is the United States in law of the sea negotia­ admittedly essential navigation rights. the legal environment of the world's tions. The conference, which met for several Fortunately, the Reagan administra­ oceans-the treaties and agreements, and weeks this past August, will next resume its tion decided to grant our request for a the codification of maritime and sovereign work in March 1982 in New York. usage. I am here today to discuss this most During the review U.S. interest and objec­ review. A high level interagency task important matter with you. tives of the United States in the Law of the force has spent the last 6 months re­ It has always been the Navy's mission to Sea were identified and the Draft Conven­ viewing the existing treaty text, com­ defend our freedom of navigation, to hold tion was subjected to an intense and com­ paring the textual provisions with U.S. open our vital sealanes, and to maintain our prehensive analysis in light of those objec­ national interests and objectives and transit rights through the ocean's straits tives. Navigation provisions are being scruti­ conducting exploratory discussions and narrows. The United States, as a major nized with particular care and objectivity, in with other Conference participants re­ maritime power, has long played a leading terms of their adequacy from the stand­ garding the possibility of negotiating role in preserving the crucial benefits of point of our naval operations and national free access to the oceans for the community security. As the Administration has declared the necessary changes. A decision of nations. Indeed, the concepts of open­ in testimony before the Senate Armed Serv­ memorandum for the President is in ness, of minimized regulation, and of com­ ices Committee, naval power remains the the final stage of preparation. mercial and scientific competition, are all first prerequisite for the continued free ex­ Recently, Secretary of the Navy, the ideals in harmony with traditional Ameri­ istence of this Nation. This central role of Honorable John Lehman, gave a can dedication to the improvement of world the Navy will continue far into the future, speech before the World Affairs Coun­ order and the betterment of all nations. and will no doubt increase as Western de­ cil. In that speech, Secretary Lehman In recent decades, freedom of the seas has pendence on the sea as a source of energy discussed not only his concerns over been seriously encroached upon by the uni­ and commerce continues to grow. We will the navigation provisions of the exist­ lateral actions of various nations. A number need to judge the navigation provisions of of nations have felt a need for rules to meet the Draft Convention in light of those ing text, but reiterated a point many unique new problems they encountered, cre­ forceful requirements. of us have been making for quite some ated largely by advancing technology. Ex­ For this reason, it would be a mistake to time-the United States has an equal­ amples include the attempt to control pollu­ accept categorical statements by treaty pro­ ly valid interest in insuring assured, tion, or to prevent damage to fisheries. Such ponents concerning this security issue. nondiscriminatory access by U.S. citi- developments strongly influenced a series of Some retired officers of our Armed Forces- e This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. 24802 EXTENSIONS OF REMARKS October 21, 1981 and others-have taken it upon themselves available from the deep seabed, jet engines tion of Enterprise operations, and "equita­ to convey the impression that the interests could not be manufactured. Without man­ ble" distribution of mining rights. If two­ of the Navy, indeed of our Nation's security, ganese, found in abundance on the ocean thirds of the States party to the treaty wish demand that the United States embrace this floor, many important steel products could to amend provisions concerning the system Draft Convention. Our evaluation does not not be produced. Today we are 95 percent of exploitation, they may do so only after support this conclusion. In fact, from the dependent on external sources for manga­ five years' negotiation and following ratifi­ point of view of our security interests, we nese; 98 percent for cobalt.