Arguments: Most Active
Opponents of UNCLOS claim that the United States should not become a party because the United States already enjoys the benefits of UNCLOS through customary law and, therefore, should not unnecessarily incur the treaty's burdens. However, this ignores the fact that customary law can change and can also be influenced by how parties to UNCLOS decide to interpret its provisions.
- Relying on customary international law to preserve freedom of navigation is not timely enough of a response for commercial interests
- Customary international law is no longer viable because of the increasing number of excessive claims
- While the risks to the US from its non-party status may have been negligible, this is no guarantee that this will continue
- China and other counties are reinterpreting customary international law to detriment of the U.S.
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U.S. companies increasingly seek to engage in seabed mining for minerals such as rare earth elements and cobalt that are critical to the broad U.S. economy and used in producing defense assets. The deep seabed contains two potential sources for rare earth elements: polymetallic nodules which typically contain manganese, nickel, copper, cobalt and rare earth minerals; and sea-floor hydrothermal vents which pump out rare-earth elements dissolved in their hot fluids.
- Seabed mineral deposits could hold more than 110 million tons of rare earth minerals
- Demands for rare earth metals and instability in current producer states are driving deep seabed exploration
- U.S. losing out on race for rare earth minerals from deep seabed
- India is working to mine rare earth elements from seabed to counter China's monopoly
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Deep seabed mining could have serious impacts on the ocean environment and the future livelihoods and well being of coastal communities. An international, multi-sector approach to management and protection, similar to that under development by the International Seabed Authority under UNCLOS, is needed, if we are to ensure the health and sustainable use of our oceans.
- Deep seabed mining could destroy valuable biodiversity that hasn't even been discovered yet
- Deep seabed environment is a critical ecosystem that needs to be protected
- Deep seabed mining can devastate fish stocks by disrupting the seamounts they depend on
- Seabed mining can have a significant impact on fragile ecosystems
- Light and noise pollution from mingling operations could disrupt fragile ecosystems
- Interest in seabed mining is growing but not enough attention is being paid to the environmental impacts
- Independent analysis shows deep seabed mining more environmentally friendly than land-based alternatives
Deep seabed mining has not taken off because the technology to exploit the seabeds is not at a state where it would be economically viable to do so.
The technology for deep-sea mining is already widely available, consisting of mining support platform or vessel; a launch and recovery system; a crawler with a mining head, centrifugal pump and vertical transport system; and electrical, control, instrumentation and visualization systems. Companies such as Lockheed Martin, Soil Machine Dynamics, IHC Mining and Bauer or Nautilus Minerals are developing vehicles for deep-sea mining, pledging they are in the position to readily develop techniques to operate down to 5,000 metre depth.
Top defense officials, including the current and all former Chiefs of Naval Operations, have lined up to publicly support U.S. accession to UNCLOS. In addition, the Defense Department has repeatedly endorsed ratification in numerous studies and planning documents.
- Top defense officials including all current and former Chief of Naval Operations support ratification of UNCLOS
- Military leadership has been overwhelmingly behind accession to UNCLOS
- Defense department has endorsed passage of UNCLOS because it secures global access to the oceans
- Defense department has consistently advocated accession to UNCLOS as critical to U.S. Interests
- U.S. military leadership has carefully examined the implications of UNCLOS and have endorsed ratification
- Every assessment from U.S. military and intelligence leaders has supported ratification of UNCLOS as in the national interest of the U.S.
The costs associated with the dispute resolution provisions in UNCLOS are similar to those the United States is already subject to under the principles of universal jurisdiction and territoriality and numerous other agreements the U.S. has already ratified. Furthermore, the Convention provides the United States with an escape from mandatory dispute resolution which the U.S. has already invoked in its signing statements to ensure that the U.S. military will not be threatened by UNCLOS tribunals.
- Dispute settlement provisions in UNCLOS contribute to advancement of maritime law and are in best interest of US
- Dispute settlement provisions in UNCLOS were advocated by US originally because they are still best way to further rule of law
- US was leading advocate of system of third party arbitration within UNCLOS because it viewed this as essential to consistent application of the law
- U.S. would not be constrained by foreign tribunal and could choose other methods of dispute resolution
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Some opponents of UNCLOS have argued that by ratifying UNCLOS, U.S. military forces could be subject to adverse ruling by international tribunals through the dispute resolution mechanisms of the treaty. However, the U.S. defense department has reviewed the relevant law and has found no undue liability risk to U.S. forces. Furthermore, in the Senate's Advice and Consent resolution that would ratify UNCLOS, the U.S. has taken advantage of article 298(1) in UNCLOS to exempt itself from all dispute settlement.
- US advice and consent resolution regarding UNCLOS already excludes military activities from third party arbitration
- On balance the U.S should welcome the dispute resolution mechanisms in the treaty
- U.S. can issue signing statement upon ratifying UNCLOS that clarifies to interpretation of the military activities exemption
- U.S. can exempt its military activities from dispute resolution tribunals
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The United States is already a party to more than 85 agreements (most of them multilateral in nature) that provide for the resolution of disputes by the International Court of Justice. It has also already accepted the dispute resolution mechanisms in UNCLOS by ratifying the 1995 Fish Stocks Agreement and the 2000 Convention on Central and Western Pacific Fisheries, both of which incorporate by reference the dispute settlement provisions of the Convention.
- Dispute resolution mechanism in UNCLOS no worse than already accepted principle of universal jurisdiction
- US has already accepted UNCLOS arbitration in two previous agreements but the Advice and Consent resolution serves to further qualify application
- Dispute resolution mechanisms in UNCLOS same as in other international agreements and do not threaten military
- Over 85 treaties U.S. is already a party to contain similar if not more restrictive dispute settlement provisions to UNCLOS
- Sovereignty costs of external dispute resolution in UNCLOS less ornnerous than provisions U.S. has already accepted