U.S. would not be constrained by foreign tribunal and could choose other methods of dispute resolution
[MYTH] The Convention mandates another tribunal to adjudicate disputes.
- The Convention established the International Tribunal for the Law of the Sea. However, Parties are free to choose other methods of dispute settlement. The United States would elect two forms of arbitration rather than the Tribunal.
- The United States would be subject to the Sea-bed Disputes Chamber, should deep seabed mining take place under the regime established by the Convention. The proposed Resolution of Advice and Consent, however, makes clear that the Sea-bed Disputes Chamber’s decisions “shall be enforceable in the territory of the United States only in accordance with procedures established by implementing legislation and that such procedures shall be subject to such legal and factual review as is constitutionally required and without precedential effect in any court of the United States.”
"Statement of John F. Turner: To examine the "United Nations Convention on the Law of the Sea." (March 23, 2004) ." Testimony before the U.S. Senate Committee on Environment & Public Works, March 23, 2004. [ More (11 quotes) ]
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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.
Keywords:Related Quotes:- 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
- ... and 12 more quote(s)
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