UNCLOS is best multilateral forum for U.S. to engage with for resolution of South China Sea dispute

Third, aside from ad hoc diplomacy and negotiations within Association for South East Asian Nations (ASEAN), whose decisions require unanimity, UNCLOS is one of the few multilateral mechanisms that can directly address territorial disputes in the seas. General Dempsey, Chairman of the Joint Chiefs of Staff, noted that ratifying UNCLOS, “gives us another tool to effectively resolve conflict at every level.” While it is true that ratifying UNCLOS hasn’t vindicated Japan, for example, in its dispute with China, the treaty has only enjoyed widespread support for sixteen years. Given this short history, it is almost surprising that the Philippines has already asserted this type of claim against China through UNCLOS to bolster its relatively weak strategic position. UNCLOS, therefore, is useful insofar as it provides another venue through which the U.S. could press its claims in the region. American treaty obligations with both Japan and the Philippines give us a strong interest in legitimizing and shaping these new multilateral dispute resolution mechanisms.