Relying on asserting customary international law through military force rather than through UNCLOS guarantees conflict
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Customary international law cannot unequivocally guarantee that the same benefits the United States currently enjoys under UNCLOS can be secured for the indefinite future.194 By its very nature, customary international law is not always universally accepted and also may change over time based on State practice.194 Therefore, it is illogical to operate under the presumption that customary international law will always mirror UNCLOS. The only way to permanently retain these rights, such that they are always at the disposal of the US, is to solidify them through treaty law.195 It is almost amusing that UNCLOS opponents, of. ten the most vocal critics of the uncertainty of customary international law, are simultaneously impelling the US military and US businesses to exclusively rely on it to protect their essential interests.196
Continuing to rely on an idealistic conception of customary international law for asserting maritime navigational rights and for exploiting deep sea-bed resources, as opposed to deriving them from UNCLOS, undermines American national security objectives and deprives the US Navy of an essential tool needed for resolving disputes peacefully. Such ethnocentric derogation towards UNCLOS will inevitably expose the Navy to increased risks of military conflict.197
Opponents of UNCLOS claim that the United States should not become a party because the United States already enjoys the benefits of UNCLOS through customary law and, therefore, should not unnecessarily incur the treaty's burdens. However, this ignores the fact that customary law can change and can also be influenced by how parties to UNCLOS decide to interpret its provisions.