On December 19, 2023, the United States Department of State announced the US claim defining the outer limits of the continental shelf in areas beyond 200 nautical miles from its coast. This extended continental shelf claim mostly concerns seabed and subsoil in the Arctic. In terms of next steps, the Department of State announced that the US will either file its claim with the appropriate UN Commission “when the United States joins the Law of the Sea Convention” or as a “Non-Party to the Convention” under customary international law. Both the announcement and proposed next steps have generated controversy because the US never ratified the Law of the Sea Convention. Despite the fact that myriad experts weighed in on the legality of the US claim in the December 2023 announcement, the Russian Federation and People’s Republic of China have engaged in lawfare to denounce the US claim, arguing that it is illegitimate under international law. Based on these circumstances, this Special Report argues that the time is now for the US to adopt a counter lawfare strategy in the Arctic that centers on strategic communications to counter the narratives of our competitors and adversaries. Such a step is not only critical to preserving our interests in the region. It also is critical to strengthening the international rules-based order that governs the Arctic currently and confidently in the years to come.
