U.S. ability to conduct maritime interdiction operations would be curtailed by UNCLOS
If the United States ratifies the Convention on the Law of the Sea, the legality of maritime interdiction operations whether to stop terrorist attacks or prevent nuclear proliferation will, depending on the circumstances, be left to the decision of one of two international tribunals.
Quicktabs: Arguments
The United States should take the lead in developing new practices on the oceans that will at once facilitate commerce and peacetime deployment of warships but also protect our shores from the terrorist scourge. The President’s Proliferation Security Initiative is an example of such modern and creative thinking. This US-led multinational program of high seas interdiction and vessel boarding is barred by the Law of the Sea Treaty yet it is our overriding national security interest to execute. Ratification of the Treaty would effectively gut our ability to intercept the vessels of terrorists or hostile foreign governments even if they were transporting nuclear weapons. We must ensure that we not binding the government of the United States to a legal regime that makes us more vulnerable and trades the lives of our innocent citizens for the sake of participating in yet another unnecessary Treaty.