Any changes to UNCLOS are more likely to occur at the International Maritime Organization, not through United Nations
Bottom line: any changes or reinterpretation of UNCLOS will more likely occur at the IMO, not the United Nations. Although UNCLOS may be amended through the simplified procedure set out in UNCLOS Article 313, it only takes one State Party to derail that procedure. Article 313(2) provides that “if . . . a State Party objects to the proposed amendment or to the proposal for its adoption by the simplified procedure, the amendment shall be considered rejected.” The only other way to amend the Convention is through the convening of a diplomatic conference under Article 312. As we saw with Third United Nations Conference on the Law of the Sea (UNCLOS III), getting consensus on sensitive maritime issues took nine long years and difficult negotiations to complete. Any proposed amendments to the Convention would probably face similar scrutiny by the State Parties at the conference.
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Even as a non-party to UNCLOS, the U.S. will still retain its maritime leadership role and can influence the future of the law of the sea through the International Maritime Organization.
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