Submarine Cables Move To Center On United States Accession To The United Nations Law Of The Sea Convention
Statement by Sen.Lugar http://www.hklaw.com/content/ Doug/Senator_Lugar_Oct4.pdf October 4th hearing Statement by Sen. Menendez http://www.hklaw.com/ content/Doug/Senator_Menendez.pdf Written testimony by Douglas Burnett (http://www.hklaw. com/content/whitepapers/burnett_testimony.pdf ) Oral testimony by Douglas Burnett (http://www.hklaw. com/content/Doug/Oral_statement_of_Douglas_Burnett. pdf) Statement by Sen. Lugar (http://www.hklaw.com/content/ Doug/Senator_Lugar_Sept_27.pdf)
The United States signed the Law of the Sea Convention in 1994, and the treaty has been languishing in the U.S. Senate ever since. Under U.S. law, the Senate must give its advice and consent by a two thirds vote before the United States can become a party. But this is about to change and submarine cables are in the forefront. Following a direct request from President Bush on May 15, 2007, on September 27 and October 4, 2007, the Senate Foreign Relations Committee held hearings on the Law of the Sea Convention. Hearings were held in 2004, but this time there was a significant difference. Cables were an integral part of the debate. Douglas Burnett, on behalf of the North American Submarine Cable Association (“NASCA”), was invited to testify by the Senate committee about the importance of the 1982 Convention to submarine cables.
By Doug Burnett
This article includes his written and oral testimony and excerpts statements by key U.S. Senators which highlight on the national stage the vital importance of submarine cables as critical infrastructure. Complete copies of statements by all witnesses and video of testimony are available at the web site of the Senate Foreign Relations Committee. http://www.senate.gov/ ~foreign/hearings/2007/hrg071004a.html September 27 hearing Statement by Sen. Webb http://www.hklaw.com/content/ Doug/Senator_Webb_Sept_27.pdf
The good news is that on October 31st, the Senate Foreign Relations Committee voted 17 to 4 in favor of the Convention. In announcing the vote, Senator Bidden noted “The Convention also strengthens legal protections for underwater sea cables, a key component of our information age.” His counterpart, Senator Lugar observed “Our Navy, our shippers, our fishermen, our telecommunication companies, and others will have to continue to operate every day in a marine environment that is increasingly dominated by foreign decision making.” Now the effort enters its final phase-a full vote of the entire Senate on the Law of the Sea Convention. The crucial element is decision by Senator Harry Reid, the Senate majority leader, to simply schedule the vote. Politics, however, makes this seemingly straightforward task anything but a sure thing. A small group of republican senators, responding to a well financed and tireless hard core minority of constituents, is pulling out the stops to derail the vote by erroneously arguing that the United States will loose its sovereignty by joining the other 155 nations which are parties. Since the opposition knows that if an up or down vote on the Convention is taken, it will pass, their tactic is to convince Senator Reid not to schedule the vote or to delay the vote until next year when the U.S. elections will make any Senate vote impractical. 21