Navigating Maritime Challenges and International Law

A lone swimmer in the Caribbean, struggling against the current after abandoning a small boat, was saved by Dominican fishermen. This rescue reflects a deep trust among mariners—offering aid in dire situations. Such principles are enshrined in key international agreements like the International Convention for the Safety of Life at Sea.

On September 2, 2025, an incident broke this trust when the U.S. attacked an unidentified vessel in international waters. The attacks continued over the next eight months, killing over 200 sailors. Investigations revealed that many of these individuals had no ties to the drug trade. These were not enemy combatants, but individuals seeking survival in harsh conditions.

Despite condemnation from media and discussions in the Senate, the strikes persisted. The recent attack on May 30, 2026, highlights the ongoing challenges. Senate Democrats produced a video calling American military personnel to adhere to established laws, emphasizing the importance of maritime safety.

Economic and communication lines are heavily reliant on oceans. About 80% of global trade passes over the seas. Furthermore, 99% of international internet traffic travels through subsea cables. Over the last 18 months, there has been a dismantling of laws that ensured both peace and opportunity at sea.

Freedom of navigation is a cornerstone of maritime law, ensuring unimpeded trade routes even through narrow straits. Despite the Law of the Sea not being ratified by the U.S. or Iran, both historically respected these freedoms. Recent conflicts have, however, challenged these norms, with the Strait of Hormuz becoming a focal point for blockades.

Disregard for international standards extends beyond the U.S. Russia has allegedly disrupted subsea cables through covert operations, impacting power and information flow to adversaries. Iran, meanwhile, seeks to impose fees on cable passages through its waters.

The Law of the Sea recognizes deep-sea resources as a ‘common heritage of mankind.’ Yet, policies like the U.S. Deep Seabed Hard Minerals Resources Act offer leases for deep-sea mining, challenging longstanding agreements. Arguments from scientists point to unresolved environmental concerns from such mining activities.

While President Clinton signed the implementation agreement for the Law of the Sea in 1994, the U.S. Senate has yet to ratify it. This leaves the U.S. in a complex position, following the spirit of the treaty without formal backing.

Trust is vital in the international maritime community. However, current U.S. policies have strained these relationships. To rebuild legitimacy in international waters, ratifying the Convention on the Law of the Sea is crucial. Failure to act risks leaving sailors without the assurance of aid when needed most.

Andrew D. Thaler, a deep-sea ecologist and ocean educator, argues for restoring trust and cooperation in maritime law through these reflections.