Revision of U.S. does not need to ratify UNCLOS to preserve freedom of navigation rights from Mon, 10/20/2014 - 21:37
It is not essential or even necessary for the United States to accede to UNCLOS to benefit from the certainty and stability provided by its navigational provisions. Those provisions either codify customary international law that existed well before the convention was adopted in 1982 or “refine and elaborate” navigational rights that are now almost universally accepted as binding international law.
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However, when countries perceive their vital national interests to be at stake—Great Britain in World War I and Iran during its war with Iraq in the 1980s, for instance—they rarely allow juridical niceties to stop them from interdicting or destroying international commerce. In a crisis, most maritime nations are ready to sacrifice abstract legal norms in pursuit of important policy goals.
Indeed, LOST membership has not pre- vented Brazil, China, India, Malaysia, North Korea, Pakistan, and others from making ocean claims deemed by others to be exces- sive—and, thus, illegitimate—under the treaty. In testimony last October, Admiral Mullen warned that the benefits he believed were derived from treaty ratification did not “sug- gest that countries’ attempts to restrict navigation will cease once the United States becomes a party to the Law of the Sea Convention.”55
Don’t Resurrect the Law of the Sea Treaty . Cato Institute: Washington, D.C., October 13, 2005 (1-20p). [ More (16 quotes) ]
