U.S. carefully negotiated and won key concessions in framing of UNCLOS to maximally protect freedom of navigation rights
National security interests were paramount in crafting the final text of the Convention, so it is unsurprising the treaty framework promotes regional stability, optimizes maritime strategic mobility, and yields other national security benefits. At home, the Convention supports strong flag and port state security measures and ensures the exercise of sovereignty in the territorial sea. The Convention also provides the most effective means to exercise U.S. leadership to shape the management and development of law of the sea. Abroad, the Convention facilitates combined operations with coalition partners through subscription to a common rule set, such as the Proliferation Security Initiative (PSI). The suggestion by some critics that the Convention represents a progressive confrontation of U.S. national security interests has turned historical analysis on its head, as the Convention in fact secured the essential oceans interests of the maritime powers. Senator Richard Lugar called the criticism of these “amateur admirals”15 factually and historically incorrect, and focusing on spurious concerns over vague losses of U.S. sovereignty.16 During the negotiations, the United States closely coordinated with the other major maritime powers— the Soviet Union, Japan, the United Kingdom and France—to accommodate high seas freedoms.17 These states, and particularly the superpowers, demonstrated a repeated willingness to go against their usual clients and allies in favor of positions supported by the maritime powers. The politics of the negotiations reflected national interest as a function of geography, rather than superpower politics or North-South differences. The cornerstone of this coordination was achievement of the provisions protecting freedom of navigation. In the end, essentially all of the maritime security benefits of the Convention are rooted in preserving maximum freedom of the seas.
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Related argument(s) where this quote is used.
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The Law of the Sea Convention is the bedrock legal instrument for public order in the world’s oceans. It codifies, in a manner that only binding treaty law can, the navigation and overflight rights, and high seas freedoms that are essential for the global strategic mobility of U.S. Armed Forces, including:
Keywords:Related Quotes:- UNCLOS promotes U.S. freedom of navigation in three ways
- On balance, gains from freedom of navigation rights outweigh costs of UNCLOS
- Defense department has endorsed passage of UNCLOS because it secures global access to the oceans
- U.S. should join UNCLOS to protect four critical rights that ensure freedom of navigation
- ... and 23 more quote(s)
Parent Arguments:Supporting Arguments:- U.S. Navy's freedom of navigation is continually challenged by excessive claims
- Freedom of Navigation program is not a long-term viable solution to address excessive claims
- Freedom of navigation is critical to U.S. leadership and economy
- U.S. will be able to challenge excessive claims more effectively as a party to UNCLOS