By Ernie Bower & Greg Poling

The problem with convincing yourself that foreign policy is not relevant to your political career is that it can undercut the honest pursuit of the national interests of the United States.  More than 30 members of the United States Senate have proved the point and are failing a geopolitical test this week by signing on to a letter to Senate Majority Leader Harry Reid explaining that the Obama administration’s support for the UN Convention on the Law of the Sea (UNCLOS) is “inconsistent with American values and sovereignty.”

U.S. Secretary of State Hillary Clinton, two Secretaries of Defense, the PACOM commander, and chairman of the Joint Chiefs of Staff have all recently testified before the Senate Foreign Relations Committee explaining in explicit detail why U.S. ratification of the international maritime treaty is foundational to advancing the interests of the United States. They have been joined by leaders from every U.S. industry with a stake in maritime law (shipping, telecommunication, oil and gas, etc.), labor unions, and environmental groups. Arguments around the Arctic and the South China Sea were front and center in making this case. The bottom line is that the United States lacks credibility in arguing for resolving disputes according to international law – its stated policy in these and several other vital foreign policy issues around the world – if it has not itself ratified the treaty that codifies these laws.

The letter and signatories as of the writing of this note are included below. Interestingly, six of nine republicans on the Senate Foreign Relations Committee signed the letter opposing the treaty, yet neither the first or second ranking Republicans on the committee (Senators Richard Lugar and Bob Corker), or long time Asia hand Senator John McCain signed. This is a sign of how little control the leadership has over newer members, many of whom seem tempted to kill the treaty to mobilize their base rather  than prioritize the United States’ global interests.

Only two of the members who have not signed the treaty are up for reelection – Senator Bob Corker, who holds a very safe seat, and Senator Scott Brown, a Republican from the blue state of Massachusetts. Among the other 15 senators who have not signed, three are lame ducks who either lost in the primary or are retiring, six do not have to run again until 2016, and only one has confirmed plans to run in 2014. Only two of the 17 Senators who have not signed are freshmen (10 freshman did sign), and both from relatively liberal states – New Hampshire and Ohio.

Ernest Z. Bower is senior adviser and director of the CSIS Southeast Program. Gregory Poling is a research associate with the CSIS Southeast Asia Program.

The text of the letter and the list of signatories follow:

The Honorable Harry Reid

Majority Leader

United States Senate

Washington, DC 20510

Dear Mr. Leader,

We understand that Chairman Kerry has renewed his efforts to pursue Senate ratification of the United Nations Convention on the Law of the Sea. We are writing to let you know that we believe this Convention reflects political, economic, and ideological assumptions which are inconsistent with American values and sovereignty.

By its current terms, the Law of the Sea Convention encompasses economic and technology interests in the deep sea, redistribution of wealth from developed to undeveloped nations, freedom of navigation in the deep sea and exclusive economic zones which may impact maritime security, and environmental regulation over virtually all sources of pollution.

To effect the treaty’s broad regime of governance, we are particularly concerned that United States sovereignty could be subjugated in many areas to a supranational government that is chartered by the United Nations under the 1982 Convention. Further, we are troubled that compulsory dispute resolution could pertain to public and private activities including law enforcement, maritime security, business operations, and nonmilitary activities performed aboard military vessels.

If this treaty comes to the floor, we will oppose its ratification.

Sincerely yours,

Jon Kyl (R-Ariz.)
Jim Inhofe (R-Okla.)
Roy Blunt (R-Mo.)
Pat Roberts (R-Kansas)
David Vitter (R-La.)
Ron Johnson (R-Wis.)
John Cornyn (R-Texas)
Jim DeMint (R-S.C.)
Tom Coburn (R-Okla.)
John Boozman (R-Ark.)
Rand Paul (R-Ky.)
Jim Risch (R-Idaho)
Mike Lee (R-Utah)
Jeff Sessions (R-Ala.)
Mike Crapo (R-Idaho)
Orrin Hatch (R-Utah)
John Barrasso (R-Wyo.)
Richard Shelby (R-Ala.)
John Thune (R-S.D.)
Richard Burr (R-N.C.)
Saxby Chambliss (R-Ga.)
Dan Coats (R-Ind.)
John Hoeven (R-N.D.)
Roger Wicker (R-Miss.)
Marco Rubio (R-Fla.)
Jerry Moran (R-Kansas)
Dean Heller (R-Nev.)
Pat Toomey (R-Penn.)
Chuck Grassley (R-Iowa)
Mitch McConnell (R-Ky.)