U.S. courts have already recognized UNCLOS as reflecting customary international law in United States v. Alaska
Ratified by 160 states, UNCLOS is accepted and followed around the world.168 Even though the United States is not a party to the treaty, U.S. case law adopts and acquiesces to the provisions of UNCLOS and treats them as customary international law.169 For example, in United States v. Alaska, the government noted that the United States “has not ratified [UNCLOS], but has recognized that its baseline provisions reflect customary international law.”170 Given this apparent acceptance of UNCLOS principles, perhaps over time the United States will lose the ability to claim it is not a party to UNCLOS because of the power of acquiescence.171
Quicktabs: Evidence
Arguments
Related argument(s) where this quote is used.
-
Even though U.S. has not ratified UNCLOS, it still has committed itself to abiding by its principles in two ways: through numerous policy statements and laws drafted in accordance with UNCLOS and committing the U.S. to abiding by it; and due to the fact that the Law of the Sea has become customary international law.
Keywords:Related Quotes:- Even without ratification, UNCLOS has already achieved binding customary international law status in the US
- U.S. has committed to abiding by UNCLOS framework in the Arctic both formally and informally
- Despite U.S. non-party status to UNCLOS, all three branches of government have already accepted it as law of the land
- US already acts according to the convention without accruing its benefits -- it is time for US to resume leadership role
- ... and 23 more quote(s)
Parent Arguments: