US viewed as hypocritical because it has not become a party to UNCLOS
Formal membership prerogatives aside, given the conflation of UNCLOS and current customary law, U.S. membership in UNCLOS will reinforce customary law and give the U.S. a stronger basis to affect its development in the future. Ironically, U.S. isolationism from UNCLOS serves as the leading example for others who would selectively choose among UNCLOS provisions or even abandon it altogether, thereby eroding customary law. The U.S.’ current posture undermines the very legal principles the U.S. professes to support.
Today, not surprisingly, some find inconsistency and even hypocrisy in the U.S. practice of referring others to the Convention’s obligations without incurring reciprocal treaty obligations.97 U.S. arguments on substantive issues are burdened with the stigma of unilateralism,98Playing by or Playing with the Rules of UNCLOS? ." in Military Activities in the EEZ: A U.S.-China Dialogue on Security and International Law in the Maritime Commons, edited by Dutton, Peter A. U.S. Naval War College: Newport, Rhode Island, December 2010. [ More (4 quotes) ] making it more difficult for states committed to the Convention’s processes and multilateral framework to support underlying U.S. arguments even where there may be basis for substantive agreement. "99Statement of Gordon England: Accession to the 1982 Law of the Sea Convention and Ratification of the 1994 Agreement Amending Part XI of the Law of the Sea Convention (September 27, 2007) ." Testimony before the Senate Foreign Relations Committee, September 27, 2007. [ More (2 quotes) ]"
Related argument(s) where this quote is used.
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.Related Quotes:
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