U.S. ability to peacefully resolve South China Sea disputes compromised by its non-party status to UNCLOS
As a signatory to UNCLOS, the PRC occasionally implies that its interpretations should trump those of the United States, which has yet to ratify the convention that Washington nevertheless employs as a bludgeon against Beijing’s claims that UNCLOS permits limitations by coastal states on foreign military activities in the EEZ. The message is that even though the United States asserts its compliance with UNCLOS, because it has not undertaken to be formally bound by the convention it has no standing to impose its self- regarding interpretations of the regime on those states that have ratified it.
First, the U.S. has repeatedly emphasized that territorial disputes should be addressed multilaterally and has repudiated efforts, led by the Chinese, to address problems with individual Southeast Asian nations. As pointed out by the Center for New American Security, however, American arguments in favor of multilateralism are “robbed of moral authority” when the U.S. refuse to support the most comprehensive mechanism for multilateral resolution of maritime disputes. By not ratifying UNCLOS, American arguments regarding the region’s most complex issues are all too easily left open to rhetorical attack by those opposed to multilateralism. More importantly, it betrays a dangerous ambiguity about America’s commitment to opposing unilateral solutions.