Legitimacy of naval operations is an important consideration and one that would be improved by US ratification of UNCLOS
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Certainly ratification will place the United States on firm legal standing, but more importantly, ratification will add significantly to the legitimacy of U.S. operations conducted under the framework of UNCLOS. But does obtaining legitimacy carry enough weight to warrant ratification? And would ratification increase the legitimacy of U.S. action? Absolutely. Through theory and practical application, legitimacy, like the other principles of war, has come to form the bedrock foundation by which joint operations are planned and conducted.38 Legitimacy isn’t, however, just “an other principle” of warfare that can be brushed aside when inconvenient. Instead, and rightfully so, legitimacy concerns often times drive commanders to operate within a multinational construct.39 Thus, sustaining legitimacy is, and will remain, a priority for leaders at all levels of the military and must be included in the planning and execution phases to ensure operations are viewed in a favorable light post implementation.40 Moreover, legitimacy is no longer an imperative solely for the politician or diplomat; that line has become hopelessly blurred.41 Instead, legitimacy has become “a prime example of the nexus between politics and war.”42 In other words, it sends a clear message to the world that military actions match rhetoric with respect to the rule of law.43 Furthermore, speaking to the issue of UNCLOS directly, legitimacy is the seam created when U.S. policy is to operate within international law, but not as part of it. Thus, legitimacy is not legality, although the law is certainly a component.44 Clearly U.S. Freedom of Navigation and Proliferation Security Initiatives, both underwritten by UNCLOS provisions, are at least debatably legal under current practice but still they fail to achieve widespread international approval.