UNCLOS supports military flexibility and U.S. is free to leave if it doesn't
Critics of ratification argue that U.S. military flexibility under the Convention is compromised because it will need to bend to the will of Convention guidelines.162 As discussed above, however, Convention provisions enhance flexibility by allowing access to a vast array of territorial seas.163 Additionally, the U.S. military enthusiastically supports the Convention, giving it perhaps the strongest endorsement in the interest of national security.164 Admiral Vern Clark, Chief of Naval Operations, in 2004 statedStatement of Admiral Vern Clark: On the Law of the Sea Convention (April 8, 2004) ." Testimony before the Senate Armed Service Committee, April 8, 2004. [ More (2 quotes) ], “I fully support the Convention because it preserves our navigational freedoms, provides the operational maneuver space for combat and other operations for our warships and aircraft, and enhances our own maritime interests.” "165Statement of Admiral Vern Clark: On the Law of the Sea Convention (April 8, 2004) ." Testimony before the Senate Armed Service Committee, April 8, 2004. [ More (2 quotes) ] Furthermore, the Vienna Convention, which governs international treaties, provides that where a state’s national security is threatened (or circumstances fundamentally change) it may suspend its obligations under a treaty.166 In the unlikely event that the Convention inhibits the United States from ensuring national security, the U.S. would be no worse off since it would not be bound by the Convention in those instances. "
Related argument(s) where this quote is used.
The Law of the Sea Convention is the bedrock legal instrument for public order in the world’s oceans. It codifies, in a manner that only binding treaty law can, the navigation and overflight rights, and high seas freedoms that are essential for the global strategic mobility of U.S. Armed Forces, including:Related Quotes:
Parent Arguments:Supporting Arguments:
- UNCLOS promotes U.S. freedom of navigation in three ways
- On balance, gains from freedom of navigation rights outweigh costs of UNCLOS
- Defense department has endorsed passage of UNCLOS because it secures global access to the oceans
- U.S. should join UNCLOS to protect four critical rights that ensure freedom of navigation
- ... and 23 more quote(s)
- U.S. Navy's freedom of navigation is continually challenged by excessive claims
- Freedom of Navigation program is not a long-term viable solution to address excessive claims
- Freedom of navigation is critical to U.S. leadership and economy
- U.S. will be able to challenge excessive claims more effectively as a party to UNCLOS