LOTS at Stake in Middle Eastern Waters
The author looks at how the U.S. could benefit from ratifying the Law of the Sea treaty by having one more tool in its arsenal to deal with an Iranian threat to close the Strait of Hormuz.
As the Navy explores the potential strategic advantages to be gained from such a multifaceted AFSM (I) as the Ponce, the need for the United States to accede to the Law of the Sea Convention becomes increasingly paramount. The question here is not about whether the Law of the Sea would allow the United States to retaliate militarily against Iranian threats to close the Strait of Hormuz, nor is it about whether under the treaty Iran has the right to close the Strait in the first place.
With or without the treaty, the United States could proceed to respond to the current Iran tension with an escalation of naval power in the region; however, what the Law of the Sea would provide the United States is something crucial and entirely essential to a smarter, more effective national security strategy— legitimacy.
As a party to the Law of the Sea Convention, the United States and its naval fleet would be protecting the Freedom of Navigation and the Right to Innocent Passage in the Strait of Hormuz with the full force of international law behind it. Even though Iran itself is not party to the convention, America’s ratification would create a new international norm, thus opening the door to a healthy and stable multilateralism in response to crises of global import such as the one we are facing today.
Considering that U.S. experts estimate that Iran could build a nuclear weapon in one year— should it decide to do so— in addition to conflicting, yet alarming reports that the Iranian government is considering legislation to close the Strait of Hormuz through which one fifth of the world’s oil supply is shipped, there has never been a better time for the United States to preemptively decide to act within an international legal framework.
The Law of the Sea would be a force-multiplier for American national security strategy. Ratification would enable the United States to use its military prowess in the most holistic, global consensus-building manner possible.