UNCLOS tribunals will not be able to force U.S. to release vessels apprehended by U.S. military
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.
Related argument(s) where this quote is used.
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.Related Quotes:
Parent Arguments:Supporting Arguments:
- UNCLOS does not require U.S. to ask permission before boarding a ship, thats already ruled out by 1958 convention
- UNCLOS won't impact the way U.S. conducts maritime interdiction operations
- US ratification of UNCLOS would strengthen and preserve our authority for conducting maritime interdiction operations
- 1958 Convention already regulates U.S. naval rights to board ships and submarines
- ... and 7 more quote(s)