UNCLOS similar to Geneva Law of the Sea which has achieved status of customary international law and the U.S. has agreed to treat it as such
The United States did not sign UNCLOS,76 but remains a party to Geneva LOS.77 UNCLOS superseded the Geneva LOS conventions as to parties of both treaties.78 Those parties include the major players in the fight against maritime piracy. Somalia, Kenya, Seychelles, Yemen, Denmark, France, Germany, the United Kingdom, China, India, and Japan are all parties to UNCLOS.79 Indeed, UNCLOS currently has 160 state parties,80 a sufficiently large proportion of all states for it to constitute a codification of customary international law.81 Additionally, submission for ratification gives UNCLOS force as between the United States and other state parties, and the United States has stated its intention to respect the rules of UNCLOS on “navigation and other matters.”82
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Even though U.S. has not ratified UNCLOS, it still has committed itself to abiding by its principles in two ways: through numerous policy statements and laws drafted in accordance with UNCLOS and committing the U.S. to abiding by it; and due to the fact that the Law of the Sea has become customary international law.
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