U.S. ratification of UNCLOS critical to naval soft power needed for cooperation with other navies

ARGUMENTS
U.S. ratification of UNCLOS critical to naval soft power needed for cooperation with other navies

Although there may have been a time when the U.S. could simply declare its will and rely on the persuasive power of its global presence and naval gross tonnage to ensure cooperation, the guarantors of success in the modern maritime domain are more likely successfully coordinated coalitions and bilateral relationships. UNCLOS membership would provide a strong foundation for both.

Keywords: 
Soft Power, Cooperative Strategy

Quicktabs: Arguments

U.S. failure to ratify UNCLOS complicates U.S. efforts to get other nations to cooperate on anti-piracy initiatives

The continued failure to ratify LOSC will not prohibit the United States from taking action against piracy. The United States conducts counter-piracy operations today despite its reluctance to ratify LOSC. The U.S. Navy and Coast Guard often execute such operations using the legal authorities granted under the 1988 Convention for the Suppression of Unlawful Acts of Violence Against the Safety of Maritime Navigation (SUA Convention) – to which the United States is a party.15 Regardless, U.S. Navy and Coast Guard officials continually argue that LOSC adds legitimacy to counter-piracy efforts. In an era of hybrid threats in the maritime domain, this added legitimacy will make it easier for the United States to cooperate with international partners in this area.

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Rogers, Will. Security at Sea: The Case for Ratifying the Law of the Sea Convention . Center for a New American Security: Washington, D.C., April 25, 2012 (11p). [ More (11 quotes) ]
Global naval leadership in current era requires emphasis on cooperative security

As an UNCLOS party, the U.S. would assume a natural leadership role, facilitating coalitions and eliciting support from nations inclined to support the legal prerequisites for military maritime mobility. The U.S. relies on this support in a variety of contexts, ranging from the International Maritime Organization and regular bilateral interactions with partners and allies, such as the Proliferation Security Initiative,100 where there is direct evidence that non-party status has inhibited U.S. counter-proliferation efforts.101Walsh, Patrick M. "Statement of Admiral Patrick M. Walsh: Accession to the 1982 Law of the Sea Convention and Ratification of the 1994 Agreement Amending Part XI of the Law of the Sea Convention ." Testimony before the Senate Foreign Relations Committee, September 27, 2007. [ More (4 quotes) ] UNCLOS membership would also enhance the U.S.’ influence with other states as they continue to evaluate their own practices and legal positions.102

Although there may have been a time when the U.S. could simply declare its will and rely on the persuasive power of its global presence and naval gross tonnage to ensure cooperation, the guarantors of success in the modern maritime domain are more likely successfully coordinated coalitions and bilateral relationships.103 UNCLOS membership would provide a strong foundation for both.

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Houck, James W. "Alone on a Wide Wide Sea: A National Security Rationale for Joining the Law of the Sea Convention ." Penn State Journal of Law & International Affairs. Vol. 1, No. 1 (April 2012): 1-22. [ More (11 quotes) ]
Coast Guard relies on international cooperation with allies under UNCLOS framework and would be Bette served if US were also a party to the convention
For many of the laws the Coast Guard enforces, especially those involving drug trafficking, illegal immigration, and counterterrorism, we leverage international partnerships to monitor, interdict, and prosecute those who threaten our Nation’s security. Our international partners are overwhelmingly parties to the Law of the Sea Convention. Our status as a non-party presents an unnecessary obstacle to gaining their cooperation. Accession to the Convention would most effectively cement a common cooperative framework, language, and operating procedures used in securing expeditious boarding, search, enforcement, and disposition decisions, thereby enabling on-scene personnel, cutters, and maritime patrol aircraft to pursue further mission tasking. We also must cooperate and engage with our international partners to advance global and regional security priorities. Strengthening these relationships is crucial for sustaining our international leadership. Acceding to the Convention is an important step to achieving these goals. Frequently, the Coast Guard works internationally to train other nations’ navies. These navies more closely resemble the Coast Guard in authority and activity, uniquely positioning us to expand important maritime partnerships. The Convention serves as our guiding framework in helping these navies develop domestic law, protocols, and strategies. The Coast Guard needs the Convention to better promote United States security interests through capacity building. Building this capacity is an important force multiplier for the Coast Guard that further secures stability of the oceans, promotes efficient maritime commerce, and aids us in achieving strategic objectives regarding safety, security, and environmental protection.
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Papp, Robert. "Statement of Admiral Robert Papp: Accession to the 1982 Law of the Sea Convention and Ratification of the 1994 Agreement Amending Part XI of the Law of the Sea Convention ." Testimony before the Senate Foreign Relations Committee, June 14, 2012. [ More (4 quotes) ]
US ratification of UNCLOS critical to building and preserving soft power US navy needs to engage globally
Beyond the Arctic, the committee anticipates increased HA/DR missions by U.S. naval forces as a result of projected increases in extreme climatic events. To support this potential increasing mission for humanitarian assistance to climate refugees and disaster-relief operations, allied partnerships will be essential. Hence the committee sees ratification of the Convention as an important national priority to leverage the enormous “soft power” of the treaty to share burdens and reduce the national security risks to the naval and joint forces and the nation. Becoming a party to the Convention then is clearly in the U.S. naval forces’ best interests as the Arctic opens as a fifth ocean of interest.
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Committee on National Security Implications of Climate Change for U.S. Naval Forces. National Security Implications of Climate Change for U.S. Naval Forces . National Research Council: Washington, D.C., 2011 (226p). [ More (5 quotes) ]
Current U.S. national maritime strategy recognizes need to focus on a cooperative approach to security
In 2008, the National Defense Strategy signed by Secretary of Defense Robert M. Gates reinforced the main tenets of the Coopera- tive Strategy for 21st Century Seapower, issued in 2007 by the chief of naval operations and the commandants of the Marine Corps and the Coast Guard. 18 Both strategies emphasize that the prevention of war is the best way to achieve U.S. national security, and both highlight the fact that a strengthened system of alliances and partnerships is an essential component of building stability, collective security, and trust. The Cooperative Strategy for 21st Century Seapower is aptly named and uniquely relevant when considering the question of whether to join the convention. Its main points are:
  • Preventing wars is as important as winning wars.
  • U.S. maritime power comprises six core capabilities that emphasize preventing war and building partnerships: deterrence, sea control, power projection, maritime security, humanitarian assistance, and disaster response.
  • Expanded cooperative relationships with other nations will contrib- ute to the security and stability of the maritime domain to the benefit of all.
  • Trust and confidence cannot be surged; they must be built over time while mutual understanding and respect are promoted.
  • Global maritime partnerships provide a cooperative approach to maritime security, promoting the rule of law by countering piracy, terrorism, weapons proliferation, drug trafficking, and other illicit activities.
This strategy predicts that “increased competition for resources, coupled with scarcity, may encourage nations to exert wider claims of sovereignty over greater expanses of ocean, waterways, and natural resources—potentially resulting in conflict.”
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Borgerson, Scott G. The National Interest and the Law of the Sea . Council on Foreign Relations: Washington, D.C., May 2009 (82p). [ More (22 quotes) ]

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