| The United Nations held theconferences on the Law of the Sea three times in1958,1960, and1973-1982respectively. The United Nations Conferences on the Lawof the Sea aimed to codify the international law of the sea, define the legal status ofthe sea waters, and adjust the relations among nations related to the ocean activities inthe world.As the strongest maritime nation at that time, the United States promotedand attended all the three United Nations Conferences on the Law of the Sea.Employing the U.S. government documents and relevant research achievements, thisdissertation tracks development and evolution of the U.S. policies on the law of thesea issues and negotiating strategies, examines its decision-making mechanism,explores U.S. law of the sea interests, discusses the reasons, gain and loss, and theinfluence of its refusal to sign the United Nations Convention on the Law of the Seain1982, and Agreement relating to the Implementation of Part XI of the UnitedNations Convention on the Law of the Sea of10December1982, reveals impact ofthe United Nations Conferences on the Law of the Sea on the U.S. policies on the lawof the sea issues and analyzes to what extent and in what way the U.S. policies on thelaw of the sea issues and negotiating strategies influence the progress of the UnitedNations Conferences on the Law of the Sea.This dissertation consists of seven parts: introduction, five chapters of main body,and conclusion. The main content is as follows:The introduction part first traces the historical development of the internationallaw of the sea, then follows the summary and conclusion of the research findings athome and abroad concerning the law of the sea issues. On that basis, the theoreticaland practical significance, research ideas and research methods, and the innovationand limitation of this dissertation are expounded. Lastly, some legal concept with highuse frequency in this paper is elucidated as well as the topic of this dissertation.The first chapter examines U.S. policies on the law of the sea issues in the earlypost–World War II period and those during the First and Second United NationsConferences on the Law of the Sea. Truman Proclamations and continental shelfposition are the two major U.S. policies on the law of the sea issues in the earlypost–World War II; while3miles and6miles territorial sea and9miles or6milescontiguous fishing zone with different historical fishing right are its major policiesduring the First and Second United Nations Conferences on the Law of the Sea.Truman Proclamations highlight the decision-making errors of the United States government, whereas the policies of the breadth of territorial sea and contiguousfishing zone reflect its idea that national security interest should always come first.The second chapter examines U.S. policies on the law of the sea issues from1960to1973. Kennedy and Johnson administrations refused to negotiatemultilateralagreement, established an initial seabed policy in the process of dealing with MaltaProposal, and made three policies in U.S.-Soviet law of the sea negotiation, which are12miles territorial sea, free transit through and over international straits, andrecognition of coastal states’preferential fishing rights beyond12miles territorial sea.The Nixon administration established the continental shelf and seabed policies,inherited the territorial sea and international straits policies of the Johnsonadministrations, revised the fishery policies, and introduced marine environment andmarine scientific research policies. At Preparatory Meetings ofthe Third UnitedNations Conferences on the Law of the Sea, all the U.S polices on the law of the seaissues failed to win the support, except12miles territorial sea. During the process ofnegotiation, the United States became increasingly enthusiastic banking for the200miles exclusive resource zone, which is the result ofthe two-way interaction betweenthe domestic interest groups and international pressure.The third chapter examines the U.S. policies on the law of the sea issues and thenegotiation during the Third United Nations Conference on the Law of the Sea. In1975, the United States achieved its negotiating goals on the territorial sea andinternational straits. Till1976, the United States basically realized its negotiatinggoals on fishery and marine environment. The trend of negotiation on the outer limitof continental margin met U.S. position, marine scientific research negotiationestablished draft articles of consent system, thus U.S. marine scientific researchpolicies failed to make a breakthrough. During this period, the United States policiesunderwent two significant changes, one being the agreement of200miles exclusiveeconomic zone, and the other being the enormous concessions to the deep-sea mining.However, the concessions had little apparent result, and the deep-sea miningnegotiation wasin impasse. The concessions to the deep-sea mining not only reflectsthe impact of the law of the sea negotiation on the U.S deep-sea mining policies, butalso reveals the eagerness of the United States towards the early conclusion of the lawof the sea treaty.The fourth chapter examines the U.S. policies on law of the sea issues during theThird United Nations Conference on the Law of the Sea from1977to1980. In1977,the conference made an Informal Composite Negotiating Text that the United States did not accept, which led to the adjustment of U.S. negotiating strategies: seekingalternative of law of the sea treaty, and supporting the Congress conducting deep-seamining legislation. After the improvement of negotiating procedures, the UnitedStates returned to compromise position, kept attending the law of the sea negotiation,seeking to revise the Informal Composite Negotiating Text, and continued to makeconcessions to the deep-sea mining, which helped to bring about the draft of theUnited Nations Convention on the Law of the Sea in1980.The fifth chapter examines the U.S. policies on the law of the sea issues duringthe last two United Nations Conferences on the Law of the Sea from1981to1982,summarizes the U.S. policies on law of the sea issues from1982to1994, anddiscusses the reasons, gain and loss, and the influence of its refusal to sign the UnitedNations Convention on the Law of the Sea in1982, and Agreement relating to theImplementation of Part XI of the United Nations Convention on the Law of the Sea of10December1982.The conclusion part attempts to summarize and analyze the U.S policies on thelaws of the sea issues. Also, some thoughts are made in terms of the U.S policies onthe laws of the sea. |
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