On March 10th, 1983, and after months of consideration of the implications of the adoption of the final act of the Law of the Sea Conference and the signature of the 1982 UN Convention on the Law of the Sea by 119 nations, President Ronald Reagan issued his statement of US Oceans policy.
After noting that the US would not join the 1982 Convention because of its provisions related to the resources of the deep seabed beyond national jurisdiction, he went on to say that the balance of the Convention was in the interest of the United States and would be observed by the US. He went on to declare the non-seabeds parts to be "fair and balanced results" and specified three areas for specific comment:
Today I am announcing three decisions to promote and protect the oceans interests of the United
States in a manner consistent with those fair and balanced results in the Convention and
international law.
First, the United States is prepared to accept and act in accordance with the balance of interests
relating to traditional uses of the oceans -- such as navigation and overflight. In this respect, the
United States will recognize the rights of other states in the waters off their coasts, as reflected in
the Convention, so long as the rights and freedoms of the United States and others under
international law are recognized by such coastal states.
Second, the United States will exercise and assert its navigation and overflight rights and
freedoms on a worldwide basis in a manner that is consistent with the balance of interests
reflected in the convention. The United States will not, however, acquiesce in unilateral acts of
other states designed to restrict the rights and freedoms of the international community in
navigation and overflight and other related high seas uses.
Third, I am proclaiming today an Exclusive Economic Zone in which the United States will
exercise sovereign rights in living and nonliving resources within 200 nautical miles of its coast.
This will provide United States jurisdiction for mineral resources out to 200 nautical miles that
are not on the continental shelf. Recently discovered deposits there could be an important future
source of strategic minerals.
In the rest of the statement, President Reagan went on to address related matters, such as the right of coastal states to manage marine scientific research in their EEZs and on their Continental Shelves, while noting that the US would not implement such a regime in spite of its legal right to do so.
At a time when the sportfishing organizations have questioned whether the LOS Convention would affect their rights at sea, it is well to note that 26 years ago President Reagan accepted the fisheries provisions of the Convention and they have been observed in US law and regulation ever since.
(click 'Read More" for full text of Reagan 1983 ocean Policy Statement)
President Ronald Reagan
Statement on United States Oceans Policy
March 10, 1983
The United States has long been a leader in developing customary and conventional law of the
sea. Our objectives have consistently been to provide a legal order that will, among other things,
facilitate peaceful, international uses of the oceans and provide for equitable and effective
management and conservation of marine resources. The United States also recognizes that all
nations have an interest in these issues.
Last July, I announced that the United States will not sign the United Nations Law of the Sea
Convention that was opened for signature on December 10. We have taken this step because
several major problems in the Convention's deep seabed mining provisions are contrary to the
interests and principles of industrialized nations and would not help attain the aspirations of
developing countries.
The United States does not stand alone in those concerns. Some important allies and friends have
not signed the convention. Even some signatory states have raised concerns about these
problems.
However, the convention also contains provisions with respect to traditional uses of the oceans
which generally confirm existing maritime law and practice and fairly balance the interests of all
states.
Today I am announcing three decisions to promote and protect the oceans interests of the United
States in a manner consistent with those fair and balanced results in the Convention and
international law.
First, the United States is prepared to accept and act in accordance with the balance of interests
relating to traditional uses of the oceans -- such as navigation and overflight. In this respect, the
United States will recognize the rights of other states in the waters off their coasts, as reflected in
the Convention, so long as the rights and freedoms of the United States and others under
international law are recognized by such coastal states.
Second, the United States will exercise and assert its navigation and overflight rights and
freedoms on a worldwide basis in a manner that is consistent with the balance of interests
reflected in the convention. The United States will not, however, acquiesce in unilateral acts of
other states designed to restrict the rights and freedoms of the international community in
navigation and overflight and other related high seas uses.
Third, I am proclaiming today an Exclusive Economic Zone in which the United States will
exercise sovereign rights in living and nonliving resources within 200 nautical miles of its coast.
This will provide United States jurisdiction for mineral resources out to 200 nautical miles that
are not on the continental shelf. Recently discovered deposits there could be an important future
source of strategic minerals.
Within this Zone all nations will continue to enjoy the high seas rights and freedoms that are not
resource related, including the freedoms of navigation and overflight. My proclamation does not
change existing United States policies concerning the continental shelf, marine mammals, and
fisheries, including highly migratory species of tuna which are not subject to United States
jurisdiction. The United States will continue efforts to achieve international agreements for the
effective management of these species. The proclamation also reinforces this government's
policy of promoting the United States fishing industry.
While international law provides for a right of jurisdiction over marine scientific research within
such a zone, the proclamation does not assert this right. I have elected not to do so because of the
United States interest in encouraging marine scientific research and avoiding any unneccessary
burdens. The United States will nevertheless recognize the right of other coastal states to exercise
jurisdiction over marine scientific research within 200 nautical miles of their coasts, if that
jurisdiction is exercised reasonably in a manner consistent with international law.
The Exclusive Economic Zone established today will also enable the United States to take
limited additional steps to protect the marine environment. In this connection, the United States
will continue to work through the International Maritime Organization and other appropriate
international organizations to develop uniform international measures for the protection of the
marine environment while imposing no unreasonable burdens on commercial shipping.
The policy decisions I am announcing today will not affect the application of existing United
States law concerning the high seas or existing authorities of any United States Government
agency.
In addition to the above policy steps, the United States will continue to work with other countries
to develop a regime, free of unnecessary political and economic restraints, for mining deep
seabed minerals beyond national jurisdiction. Deep seabed mining remains a lawful exercise of
the freedom of the high seas open to all nations. The United States will continue to allow its
firms to explore for and, when the market permits, exploit these resources.
The administration looks forward to working with the Congress on legislation to implement
these new policies.
