July 9, 1982
The United States has long recognized how critical the world's oceans are to mankind and how
important international agreements are to the use of those oceans. For over a decade, the United
States has been working with more than 150 countries at the Third United Nations Conference on
Law of the Sea to develop a comprehensive treaty.
On January 29 of this year, I reaffirmed the United States commitment to the multilateral process
for reaching such a treaty and announced that we would return to the negotiations to seek to
correct unacceptable elements in the deep seabed mining part of the draft convention. I also
announced that my administration would support ratification of a convention meeting six basic
objectives.
On April 30 the conference adopted a convention that does not satisfy the objectives sought by
the United States. It was adopted by a vote of 130 in favor, with 4 against (including the United
States) and 17 abstentions. Those voting ``no'' or abstaining appear small in number but represent
countries which produce more than 60 percent of the world's gross national product and provide
more than 60 percent of the contributions to the United Nations.
We have now completed a review of that convention and recognize that it contains many positive
and very significant accomplishments. Those extensive parts dealing with navigation and
overflight and most other provisions of the convention are consistent with United States interests
and, in our view, serve well the interests of all nations. That is an important achievement and
signifies the benefits of working together and effectively balancing numerous interests. The United
States also appreciates the efforts of the many countries that have worked with us toward an
acceptable agreement, including efforts by friends and allies at the session that concluded on April
30.
Our review recognizes, however, that the deep seabed mining part of the convention does not
meet United States objectives. For this reason, I am announcing today that the United States will
not sign the convention as adopted by the conference, and our participation in the remaining
conference process will be at the technical level and will involve only those provisions that serve
United States interests.
These decisions reflect the deep conviction that the United States cannot support a deep seabed
mining regime with such major problems. In our view, those problems include:
-- Provisions that would actually deter future development of deep seabed mineral resources,
when such development should serve the interest of all countries.
-- A decisionmaking process that would not give the United States or others a role that fairly
reflects and protects their interests.
-- Provisions that would allow amendments to enter into force for the United States without its
approval. This is clearly incompatible with the United States approach to such treaties.
-- Stipulations relating to mandatory transfer of private technology and the possibility of national
liberation movements sharing in benefits.
-- The absence of assured access for future qualified deep seabed miners to promote the
development of these resources.
We recognize that world demand and markets currently do not justify commercial development of
deep seabed mineral resources, and it is not clear when such development will be justified. When
such factors become favorable, however, the deep seabed represents a potentially important
source of strategic and other minerals. The aim of the United States in this regard has been to
establish with other nations an order that would allow exploration and development under
reasonable terms and conditions.