U.S. leadership position has been threatened by non-ratification but would be improved by ratification
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A final reason arguing for U.S. accession to the convention is the position of the United States as a world leader. In light of its diverse maritime uses and interests, the United States is unquestionably the world's leading oceanic state. Clearly, U.S. refusal to ultimately accede to a convention widely regarded as one of the most important agreements ever negotiated would raise fundamental questions regarding not only the future legal regime applicable to the world's oceans, but also the leadership of the United States with respect to the promotion of international law and order.37 The regime of the Law of the Sea Convention presents a superb opportunity for the United States to provide world leadership in an area of increasing importance to the community of nations.38
By actively promoting "leadership for peace" in the politically and economically important area of an orderly codification of maritime laws and regulations, the United States could assure itself a major role in shaping a post-hegemonic global order.39 Conversely, U.S. opposition to the convention would not only jeopardize significant national interests in the law of the sea without substantially offsetting benefits, but also could constitute an implicit rejection of the promotion of world order through international law as a foreign policy goal. Viewed less charitably, failure of the United States to fully support the convention could reflect a belief that unilateralism is a viable policy alternative when backed by military force.40 Conversely, full participation in the Law of the Sea Convention ultimately provides the United States with an opportunity to exercise world leadership within the context of far broader international activity and participation than was possible during the cold war.
U.S. failure to ratify UNCLOS raises fundamental questions regarding not only the future of legal regimes applicable to the world’s oceans, but also U.S. leadership in promoting international law and order.
Additionally, our partners lose confidence in the ability of the United States to make good on its word when we negotiate and sign treaties but don’t ultimately become party to them, especially as in the case of UNCLOS where the U.S. negotiated aggressively to win valuable concessions and won them.