U.S. has committed to abiding by UNCLOS framework in the Arctic both formally and informally

In spite of the fact that the United States has not formally adopted UNCLOS, the applicability of the Convention's Articles governing sovereignty over the continental shelf to the United States-namely Articles 76 through 85-is for several reasons not seriously in dispute. First, many writers contend that Article 76 has become a defacto part of customary international law because of its wide adoption-either via ratification of the Convention itself or via unilateral laws modeled after the Convention.⁴⁷

Second, the United States has repeatedly demonstrated its intent to be bound by the provisions of UNCLOS not relating to Part XI, which prohibits mining on the deep-sea beds. For instance, after refusing to sign the treaty in 1983, President Reagan announced his intention that the United States nevertheless act in accordance with UNCLOS.⁴⁸ Although it never reached a floor vote, President Clinton referred UNCLOS to the Senate Committee on Foreign Relations in 1994.⁴⁹ The Bush administration similarly pushed for ratification of the Convention, likely because it found "that the Convention's navigational and national security benefits far outweigh any costs to the U.S."⁵⁰ UNCLOS has found similar support in the decisions of the federal courts.⁵¹