UNCLOS provisions on reserving oceans for "peaceful purposes" will in no way impede U.S. navy
Criticisms that the United States should not commit to provisions in the 1982 Convention to the effect that the high seas are “reserved” for peaceful purposes and that parties to the treaty shall refrain from “any threat or use of force against the territorial integrity or political independence of any state,” without noting that these obligations simply parallel the obligation in the United Nations Charter, already binding on the United States and every other nation in the world banning the aggressive use of force. These obligations, as those in the United Nations Charter, do not in any way inhibit either the right of individual or collective defense or otherwise lawful military activities. If these provisions did in any way inhibit such activities in the world’s oceans there would have been no agreement on the Convention. This is abundantly evident in the robust naval activity of nations for which the Convention has been in force;
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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
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