ARGUMENT HISTORY

Revision of U.S. ability to conduct maritime interdiction operations will not be curtailed by UNCLOS from Sun, 07/06/2014 - 23:27

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ARGUMENTS
U.S. ability to conduct maritime interdiction operations will not be curtailed by UNCLOS

The U.S. conducts a wide range of maritime interdiction and related operations with our allies and partners, virtually all of whom are parties to the Convention. Accession would strengthen our ability to conduct such operations by eliminating any question of our right to avail ourselves of the legal authorities contained in the Convention and by ensuring that we share the same international legal authorities as our partners and allies.

Keywords: 
Maritime Interdiction Operations

Quicktabs: Arguments

UNCLOS tribunals will not be able to force U.S. to release vessels apprehended by U.S. military

Myth: The International Tribunal for the Law of the Sea could order the release of a vessel apprehended by the U.S. military.

Reality: The Tribunal has no jurisdiction to order release in such a case. Its authority to address the prompt release of vessels applies only to two types of cases: fishing and17 protection of the marine environment. Further, even if its mandate did extend further – which it does not – the United States will be taking advantage of the optional exclusion of military activities from dispute settlement. As such, in no event would the Tribunal have any authority to direct the release of a vessel apprehended by the U.S. military.
 

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Negroponte, John D. "Statement of John D. Negroponte: On Accession to the United Nations Convention on the Law of the Sea and Ratification of the 1994 Agreement regarding Part XI of the Convention ." Testimony before the Senate Foreign Relations Committee, September 27, 2007. [ More (13 quotes) ]

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