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Without the universally recognized legal regime governing the exploitation of the mineral resources of the deep-sea beyond the zones of national jurisdictions that UNCLOS provides, US companies will not assume the investment rights associated with such projects until it was clear who had “clear legal title” to the resources extracted.
- U.S. industries view accession to the treaty as essential to doing business in international waters
- Major trade industry groups support US ratification of UNCLOS because they understand the impact it would have on facilitating international trade
- U.S. will be left out of coming ocean-based economic boom unless it ratifies UNCLOS
- Ratification of UNCLOS would provide U.S. companies "clear legal title" to resources extracted, igniting an economic boom
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- Offshore oil and gas development dependent on legal protection of UNCLOS
- U.S. ratification of UNCLOS key to development of deep seabed mining industry
- Success of offshore wind power industry depends on U.S. ratification of UNCLOS
- Marine biotechnology industry would benefit from UNCLOS legal regime
- U.S. underseas cable industry needs UNCLOS protection
- U.S. ratification of UNCLOS is key to sustaining competitiveness of U.S. shipping industry
- Other states will challenge U.S. unilateral claims outside UNCLOS
Top defense officials, including the current and all former Chiefs of Naval Operations, have lined up to publicly support U.S. accession to UNCLOS. In addition, the Defense Department has repeatedly endorsed ratification in numerous studies and planning documents.
- Top defense officials including all current and former Chief of Naval Operations support ratification of UNCLOS
- Military leadership has been overwhelmingly behind accession to UNCLOS
- Defense department has endorsed passage of UNCLOS because it secures global access to the oceans
- Defense department has consistently advocated accession to UNCLOS as critical to U.S. Interests
- U.S. military leadership has carefully examined the implications of UNCLOS and have endorsed ratification
- Every assessment from U.S. military and intelligence leaders has supported ratification of UNCLOS as in the national interest of the U.S.
Iran has frequently threatened to close the Strait of Hormuz in retaliation for adverse sanctions or military action. Ratifying UNCLOS would nullify Iran’s challenges should it ever choose to close the strait to U.S. or other flagged ships. Moreover, ratifying LOSC will provide the U.S. Navy the strongest legal footing for countering an Iranian anti-access campaign in the Persian Gulf.
- Iran using excessive claims to restrict U.S. freedom of navigation rights in Straits of Hormuz
- Iran directly trying to challenge US maritime dominance by denying freedom of navigation
- Ratification of UNCLOS will nullify Iran's attempts to deny U.S. access to Straits of Hormuz
- Ratifying UNCLOS would give U.S. another tool to isolate Iran if it threatens to close Strait of Hormuz
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The solutions the international community worked out to resolve some of the most contentious issues over ocean governance -- specifically, how to equitably divide up a common shared resource, how to sustainably manage the global commons for the benefit of all, and how to ensure all states have the freedom to navigate a global common -- have potential to serve as the basis for a similar agreement for outer space.
- China's use of lawfare to constrain US naval action may be precursor to how they will attempt same in outer space
- UNCLOS offers most practical legal model for outer space for several reasons
- Should apply lessons learned during UNCLOS negotiations over exploiting seabed to outer space
- UNCLOS model offers novel solutions to regulation of outer space domain
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The U.S. relies on maritime interdiction operations for homeland security, counter-piracy, and crime control. However, during bi-lateral negotiations, several nations have, in the past, questioned our authority to contest certain of their excessive maritime claims simply because we have yet to ratify the treaty. Becoming a party to the Convention will enhance our ability to conduct such interdiction operations and to refute excessive maritime claims.
- Remaining outside of UNCLOS regime restricts U.S. counter-piracy options
- US naval capacity to conduct maritime interdiction or intelligence operations at risk from excessive claims and lawfare
- U.S. absence from UNCLOS hurts our leadership consistency and encourages others to flout existing standards
- Over a hundred excessive claims currently, some of which are directly complicating counter narcotics operations
- U.S. ratification of UNCLOS would support U.S. rights to conduct maritime interdiction operations
- U.S. failure to ratify UNCLOS complicates U.S. efforts to get other nations to cooperate on anti-piracy initiatives
- U.S. ratification of UNCLOS is key to protecting existing counter-piracy operations
The U.S. conducts a wide range of maritime interdiction and related operations with its allies and partners, virtually all of whom are parties to the Convention. If the U.S. were to ratify UNCLOS, it would only strengthen its ability to conduct such operations by eliminating any question of its right to avail ourselves of the legal authorities contained in the Convention.
- UNCLOS does not require U.S. to ask permission before boarding a ship, thats already ruled out by 1958 convention
- UNCLOS won't impact the way U.S. conducts maritime interdiction operations
- US ratification of UNCLOS would strengthen and preserve our authority for conducting maritime interdiction operations
- 1958 Convention already regulates U.S. naval rights to board ships and submarines
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Russia, Denmark, Norway, and Canada are staking their claims to Arctic resources but the United States, which has conducted research on how far the continental shelf extends from Alaska toward the North Pole, cannot submit any of its evidence because it is not a party to the UN Convention on the Law of the Sea (UNCLOS).
- Russia asserting its rights in Arctic to gain access to resources
- Several countries including China and Japan are lobbying for permanent observer status at the Arctic Council
- China using local companies as way of gaining access to Arctic resources
- Ratification of UNCLOS is necessary to exploit Arctic oil and gas
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If the United States ratifies the Convention on the Law of the Sea, the legality of maritime interdiction operations whether to stop terrorist attacks or prevent nuclear proliferation will, depending on the circumstances, be left to the decision of one of two international tribunals.
- Under UNCLOS, U.S. maritime interdiction operations would be subject to jurisdiction of ITLOS
- U.S. relies on maritime interdiction operations to counter threat of terrorism
- U.S. would lose capability to interdict and hold terrorists under UNCLOS and ITLOS
- Convention would subject U.S. counterterrorism efforts to review by international tribunals
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The development of deep seabed claims is incredibly expensive. Companies in the U.S. are reluctant to invest heavily in deep seabed mining because of the risk that their activities would not withstand a legal challenge since the U.S. is not a party to the Convention. Conversely, foreign companies, because their governments have joined the Convention, have access to the international bodies that grant the legal claims to operate in the deep seabed area. The U.S. cannot represent the interests of its companies in those bodies.
- DSHMRA does not give mining companies the needed certainty they need to operate in international waters
- Lack of legal certainty has stalled deep seabed mining industry
- US accession to the convention would provide domestic deep seabed mining industry strong leadership and legal stability
- Seabed mining companies will only lose rights if US remains outside of UNCLOS
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U.S. ratification of UNCLOS would boost its leadership standing in a couple of ways. First, by acceeding to the treaty, the U.S. would immediately be able to participate in the discussion around the future of the treaty and participate in maritime forums that it had previously been locked out of. Secondly, by ratifying the treaty, the U.S. would improve its soft power by showing more of a willingness to cooperate multilaterally.
- Ratification of the convention is key to U.S. foreign policy objectives and leadership
- U.S. ratification of UNCLOS necessary for resolving conflicts and showing leadership in Asia-Pacific region
- Ratification of convention key to U.S. soft power leadership
- U.S. Ratification of UNCLOS would show U.S. willingness to work multilaterally and strengthen our partnerships
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