The Erosion of Maritime Trust and Customary Laws
In the dark waters off the coast of Dominica, I found myself swimming in the Caribbean Sea. Our dinghy, devoid of a motor or radio, had become perilous as its hull filled with water. The relentless currents threatened to carry us far offshore. With few options, we abandoned the vessel.
Time seemed to stop. It is challenging to recall the moments that led there or the swim itself. I don’t know how long I battled the current, but Dominican fishermen eventually rescued me. Mariners share a unique bond — a commitment to help others in distress, regardless of differences.
This dedication is embedded in international agreements like the Safety of Life at Sea and the Maritime Search and Rescue Conventions. However, on September 2, 2025, the U.S. was involved in attacking an unidentified vessel in international waters, repeating the action as sailors clung to their wreckage. In eight months, the U.S. targeted over 60 small boats, resulting in the deaths of more than 200 sailors.
These were not confirmed narco-terrorists, and some had no links to the Latin American drug trade. These weren’t enemy combatants, only individuals struggling to survive in the sea’s vastness. A fundamental maritime principle of aiding those in distress is being disregarded.
Six Democratic senators addressed military personnel, urging adherence to legal obligations. There were hearings and widespread media condemnation, yet the strikes persisted. The most recent incident occurred on May 30, 2026.
Seafaring is central to trade, with 80% of global commerce reliant on ocean routes. Undersea cables handle 99% of international internet traffic. In recent months, the Trump administration has dismantled maritime laws central to ensuring safety and economic stability for decades, including protections for shipwrecked sailors and freedom of navigation.
Freedom of navigation is vital for maritime trade, especially through narrow straits. The Strait of Hormuz, an international waterway under the Law of the Sea, has seen conflict between the U.S. and Iran, with both countries contravening established norms by creating blockades. While the conflict may resolve, the restoration of navigation freedom remains uncertain.
It’s not only the U.S. disregarding international norms. Protecting subsea cables has been crucial for over a century. In 1899, a treaty was established to safeguard such cables. Russia, through a shadow fleet, allegedly cuts cables, disrupting power and communications, while Iran seeks to charge fees for subsea cable use in the Strait of Hormuz.
The U.N. Convention on the Law of the Sea views deep-sea minerals as mankind’s common heritage. The U.S. Deep Seabed Hard Minerals Resources Act acknowledges this, though the Trump administration issues deep-sea mining leases, ignoring years of multilateral negotiations and scientists’ warnings about environmental impacts.
The U.S. Senate has yet to ratify the U.N. Convention on the Law of the Sea, creating ambiguity as the U.S. follows the treaty’s spirit through domestic and customary laws. Despite President Bill Clinton signing the implementation agreement in 1994, without ratification, international trust is shaken.
The global maritime community relies on trust, now weakened by U.S. actions. Ratification of the Law of the Sea is necessary to restore legitimacy in maritime affairs. Failing to do so risks future assistance for those stranded at sea.
Andrew D. Thaler, a deep-sea ecologist, emphasizes the importance of this issue. As a Public Voices Fellow on Technology in the Public Interest with The OpEd Project, he advocates for reestablishing international maritime trust.