Other parties will respect U.S. declaration on "military activities"
[MYTH]: Other parties will reject the U.S. “military activities” declaration as a reservation.19 Another false assertion—the American declaration is consistent with the Convention and is not a reservation (that is, in international legal usage, “a unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State.”)20 It is an option explicitly provided by article 298 of the Convention. Parties to the Convention that have already made such declarations exercising this option include the United Kingdom, Russia, France, Canada, Mexico, Argentina, Portugal, Denmark, Ukraine, Norway, and China.
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The United States, as authorized by Article 298, would exempt “military activities” from compulsory dispute resolution. Under the Convention, a state party has the exclusive right to determine what constitutes a “military activity.” The U.S. declaration states:
Keywords:Related Quotes:- US has made clear numerous times that military activities including intelligence gathering would not be subject to dispute resolution
- Article 310 of UNCLOS allows ratifying parties to submit signing statements to clarify their intent
- U.S. signing statements for UNCLOS outlined and clarified seven critical issues for U.S. support
- In prepared signing statements, U.S. has declared an exemption for its military activities from compulsory dispute resolution
- ... and 14 more quote(s)