Revision of U.S. could rely on bilateral treaties as an alternative to UNCLOS regime from Sat, 11/11/2017 - 16:52

The United States can successfully pursue its national interests regarding its extended continental shelf by negotiating on a bilateral basis with nations with which it shares maritime borders to delimit and mutually recognize each other’s maritime and ECS boundaries.

Quicktabs: Arguments

Moreover, what state is going to complain if the United States claims an extended continental shelf in the Arctic – certainly not any of our Arctic neighbors? We have an existing maritime boundary with the Russian Federation in the North Pacific Ocean, the Bering and Chukchi Seas, and the Arctic Ocean, which is being provisionally applied through an exchange of diplomatic notes pending ratification by the Russian Duma.14 And talks are ongoing to resolve our long-standing but rather small maritime dispute with Canada in the Beaufort Sea. In May 2010, the Canadian Minister of Foreign Affairs sent a clear message to Washington to begin serious discussion on the issue, indicating that there was no reason why Canada and the United States could not resolve the ongoing boundary dispute “as economic partners and best friends, sharing the longest border in the world.”15 Talks to resolve the dispute began in July 2010.16 More importantly, a careful read of the 2002 USGS Arctic report notes that the overwhelming majority of likely oil and gas reserves in the Arctic are located on land, in the 12 nm territorial sea or within the 200 nm EEZ of one of the littoral nations. Most of the Arctic oil and gas reserves are in areas under U.S. and Russian control, respectively. And a strong Navy is the best insurance to keep “outside bidders” like China from infringing on our right to exploit the natural resources on the U.S. extended continental shelf.

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Pedrozo, Raul. "A Response to Cartner’s and Gold’s Commentary on “Is it Time for the United States to Join the Law of the Sea Convention?”." Journal of Maritime Law & Commerce. Vol. 42, No. 4 (October 2011): 487-510. [ More (11 quotes) ]

In conclusion, these interactions and potential conflicts in the regime applicable to submarine cables regime make further ground arise for the integrated planning and management of activities in ocean and coastal areas.

The scholarship has repeatedly affirmed that such a cooperation and integration of different interests would be best achieved by means of the elaboration of a new international convention. However, it has to be pointed out that disruptions to the integrity of submarine cable systems potentially cost cable companies millions of dollars in repairs and lost revenues from e- commerce and telecommunications.29 In this perspective, rather then spending efforts to negotiate a new Convention on submarine cables, a solution – at least a partial one – can be represented by increasing the cooperation between all actors involved (privates and States) by means of BITs. This would help minimizing the risks of interferences and protect the interests of all the parties involved. As South-East Asia currently represents the most-relevant market for the lay of submarine cables, particular attention in the following analysis will be given to the BITs practice in the region.

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Borgia, Fiammetta and Paolo Vargiu. When Investment Law Takes Over: Towards a New Legal Regime to Regulate Asia Pacific’s Submarine Cables Boom . University of Leicester School of Law: United Kingdom, 2013 (38p). [ More (5 quotes) ]