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U.S. ratification of UNCLOS is critical to broader U.S. strategy in the Asia Pacific and managing China's rise.
- U.S. ability to peacefully resolve South China Sea disputes compromised by its non-party status to UNCLOS
- U.S. must challenge China's flawed interpretation of UNCLOS freedom of navigation provisions
- U.S. can best influence China to abide by international rule of law as a party to UNCLOS
- U.S. can best challenge China's excessive claims as a party to UNCLOS
Opponents of U.S. ratification of UNCLOS have argued that U.S. intelligence operations will be complicated by UNCLOS because it will prevent U.S. submarines from gathering intelligence in territorial waters. However, these operations are already regulated by the existing 1958 convention which the U.S. ratified and expects other nations to abide by. Furthermore, the intelligence community has reviewed the treaty and concluded that it was still in U.S. interests to ratify the treaty.
- Nothing in UNCLOS will change the conduct of naval intelligence operations
- Closed hearings before the Senate Armed Services and Classified Intelligence committees confirmed that UNCLOS will not jeopardize intelligence gathering
- U.S. defense and intelligence community played role in drafting articles 19 & 20 to protect U.S. rights
- Nothing in the convention will impact intelligence operations or the proliferation security Initative
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U.S. participation in UNCLOS will in no way undermine its participation in the Proliferation Security Initiative. In fact, ratification will do more to help bolster the PSI regime as critically important democratic Pacific countries have indicated a desire to support our counter-proliferation efforts, but will not do so as long as the U.S. is a non-party to UNCLOS.
- Adherence to UNCLOS would not threaten the Proliferation Security Initiative
- All Proliferation Security Initiative partners are already partner to UNCLOS except the United States
- Nothing in the convention will impact intelligence operations or the proliferation security Initative
- U.S. ratification of UNCLOS would enhance PSI and freedom of navigation efforts
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All of the objections to UNCLOS have been answered through the past two decades of debate and study or the significant modifications to the treaty the U.S. demanded and won in 1994. In addition, the worst fears of opponents have not come to pass as the U.S. has already accepted UNCLOS as both customary law and as a guideline for domestic policy and has affirmed its committment to UNCLOS through multiple subsequent multilateral agreements.
- U.S. would not be exposing itself to liability for environmental damage in international courts by ratifying UNCLOS
- U.S. already abides by UNCLOS as a matter of customary international law and domestic policy
- The 1994 Agreement explicitly dealt with and resolved concerns U.S. had with ratifying UNCLOS
- Revenue sharing agreements in UNCLOS are not a reason to reject the treaty
- Dispute resolution mechanisms in UNCLOS are not a reason to reject the treaty
- U.S. will not be obligated to transfer technology under UNCLOS
- U.S. ratification of UNCLOS will not threaten our intelligence operations
- U.S. participation in UNCLOS will not undermine national sovereignty
- U.S. ability to conduct maritime interdiction operations will not be curtailed by UNCLOS
- UNCLOS is not administered by the United Nations
A broad, bipartisan consensus supports U.S. ratification of the Law of the Sea Convention, and has consistently argued on its behalf for the past 30 years. This coalition includes high-level officials from the past six administrations and backing by all Presidents since Clinton. It also includes a range of senior defense officials including every Chief of Naval Operations.
- Broad consensus of groups with maritime interests support ratification of UNCLOS
- Overwhelming consensus of experts and officials is in favor of ratifying convention
- Multiple U.S. administrations have continually supported ratification of UNCLOS to preserve freedom of navigation
- Successive commissions have argued strongly for US ratification of UNCLOS
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- U.S. underseas cable systems can be protected by existing laws or bilateral treaties
- U.S. ratification of UNCLOS is not necessary for development of offshore oil and gas industry
- U.S. can make claim to Arctic resources without being party to UNCLOS
- U.S. could rely on bilateral treaties as an alternative to UNCLOS regime
- UNCLOS regime is not a viable model for governing outer space
- U.S. can mine the deep seabed without ratifying UNCLOS
- Existing customary international law is sufficient to protect U.S. interests without ratifying UNCLOS
- U.S. ratification of UNCLOS will not help resolve Arctic disputes with Russia
- U.S. ratification of UNCLOS won't help resolve disputes in South China Seas
- UNCLOS has empirically not been successful
- UNCLOS is inadequate for protection of U.S. underseas cables
- Ratifying UNCLOS key to advancing numerous U.S. interests
- Multiple advantages for U.S. from ratification of UNCLOS
- U.S. has most interest in protections, both for environmental and security reasons, provided by convention for restricting activity within its EEZ
- U.S. has significant strategic and commercial interests in ensuring that provisions of convention are fully implemented into domestic law
- UNCLOS is a remarkable achievement of international law
- Consensus of experts advocate for U.S. ratification of UNCLOS
- U.S. ratification of UNCLOS best way to preserve freedom of navigation rights
- U.S. ratification of UNCLOS would benefit marine conservation efforts
- U.S. ratification of UNCLOS would boost U.S. global leadership
- UNCLOS treaty helps establish needed rule of law and governance regime for oceans
- U.S. ratification of UNCLOS key to a number of maritime industries
- UNCLOS necessary to protect rights of marine researchers
- Ratification of UNCLOS is in U.S. national security interests
- Model of UNCLOS useful for governance of other global commons
- UNCLOS has empirically been successful
- U.S. ratification of UNCLOS would help resolve disputes with Russia in Arctic
- U.S. ratification of UNCLOS would help moderate rising Chinese naval power
There is a strong economic, military, and strategic case to be made for U.S. ratification of UNCLOS. Economically, the U.S. would benefit by attaining new protections for its vital maritime industries while opening up new industries and vast amounts of terroritory. The military case is just as strong with the overwhelming consensus of military leaders advocating for ratification as a way to ensure the freedom of navigation rights the U.S. depends on. Finally, ratification of UNCLOS would help the U.S.
- On balance, policy benefits of ratifying UNCLOS far outweigh any disadvantages
- Four key advantages for the U.S. in ratifying UNCLOS
- U.S. ratification of UNCLOS can be justified on military, commercial, and environmental grounds
- U.S. would gain multiple advantages from formal accession to UNCLOS
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