Pernicious effects of the international tribunal and "innocent passage" clause on U.S. security warrants rejection of UNCLOS

In sum, the argument against ratification of the whole UNCLOS seems to be overwhelming, but for reasons that have not been fully argued in public. The deep sea-bed mining provisions seem almost irrelevant: the supposed virtues of a free exploitation approach are obviously impossible to implement; the supposed virtues of a cartelized control model of economic development are obviously overstated and, if the states members of the Authority really have an interest in mankind, it seems a safe bet that the United States can participate in modifications of the regime to better suit the needs of the world. Of the other provisions of UNCLOS, some might be useful to the United States and they can continue to be cited as persuasive of the law, even if not formally binding. But many, such as the innocent passage provision and the provisions relating to a special law of the sea tribunal, seem potentially pernicious. Since the UNCLOS must be accepted as a whole or rejected as a whole, rejection seems the wiser course.