U.S. non-party status to UNCLOS has locked it out of ability to successfully exploit resources in its ECS

The absence of the United States from the UNCLOS regime is beginning to significantly hinder US ability to explore and exploit the rich resources lying beneath its extensive ECS-this much is incontrovertible.¹⁰ Today, no Arctic coastal State, relying solely on the outdated Discovery Doctrine, may simply declare that its seabed extends to the North Pole and then expect to possess exclusive jurisdiction over that area.¹¹ Instead, there lies within UNCLOS a specific procedure whereby a State may obtain international legal title over its ECS; this international title affords a State the exclusive right to exploit the natural resources lying deep below the seabed and subsoil, beyond that of a State's 200 nautical mile Exclusive Economic Zone.¹²

In responding to ECS submissions, the most diplomatic response would seemingly be for the US to operate within the UNCLOS framework–filing its own claim with the ISA Commission on the Limits of the Continental Shelf (CLCS)—since virtually every legal question involving the Law of the Sea today is governed by the UNCLOS Convention.¹³ The salient benefit for any State to make an ECS submission to the ISA is to ultimately obtain universal legal recognition of its exclusive sovereignty over the full extent of its ECS beyond that of 200 nautical miles. However, for years the United States has been left out of the ECS procedure because it remains outside the UNCLOS framework and, therefore, may not participate in the ongoing work of UNCLOS governing bodies. American absence from UNCLOS has been championed by an outspoken minority that prefers to rely on naval supremacy, outdated declarations, and a preference for gunboat diplomacy so as to assure that US national maritime interests are maintained.¹⁴