U.S. ability to conduct maritime interdiction operations will not be curtailed by UNCLOS
The U.S. conducts a wide range of maritime interdiction and related operations with its allies and partners, virtually all of whom are parties to the Convention. If the U.S. were to ratify UNCLOS, it would only strengthen its ability to conduct such operations by eliminating any question of its right to avail ourselves of the legal authorities contained in the Convention.
Quicktabs: Arguments
Myth: The International Tribunal for the Law of the Sea could order the release of a vessel apprehended by the U.S. military.
Reality: The Tribunal has no jurisdiction to order release in such a case. Its authority to address the prompt release of vessels applies only to two types of cases: fishing and17 protection of the marine environment. Further, even if its mandate did extend further – which it does not – the United States will be taking advantage of the optional exclusion of military activities from dispute settlement. As such, in no event would the Tribunal have any authority to direct the release of a vessel apprehended by the U.S. military.