COMPARE
One way to determine the extent to which UNCLOS’s navigational provisions have achieved the status of binding international law is to study the behavior of nations. The consistent practice of states—maritime states, coastal states, UNCLOS members, and nonmembers—indicates that the UNCLOS navigational provisions are almost universally accepted law.
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- UNCLOS has already proven itself as a powerful mechanism to bring rule of law to maritime realm
- Existing treaties that laid the foundation for UNCLOS have been empirically obeyed by most parties
- Most coastal states have already adapted their maritime law to bring it into compliance with UNCLOS
- Procedures of CLCS commission are empirically working with countries working peacefully together to resolve disputed claims
- U.S. freedom of navigation disputes have decreased due in part to the influence of UNCLOS
- Consistent practice of states illustrates that UNCLOS freedom of navigation provisions have become customary international law
VERSUS
Empirically, after 30 years there is a significant and consistent pattern of non-compliance with UNCLOS provisions.
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