Dispute settlement provisions in UNCLOS were advocated by US originally because they are still best way to further rule of law
We would do well to remember the original justifications for including the third-party dispute settlement provisions in the Convention. These justifications - which U.S. officials articulated and supported during UNCLOS III - include promoting certainty, predictability, and stability, with respect to rules that greatly benefit the United States.105 These dispute settlement provisions can help deter illegal behavior, as well as promote the peaceful settlement of disputes. Domestic enforcement of Convention provisions can also serve this end. At the most fundamental level, the Convention furthers the rule of law in the world - the values of using agreed-upon rules and procedures to resist unilateral assertions of jurisdiction or sovereign control, resolving differences even-handedly according to established rules, and providing stable expectations for international actors. Giving full effect to provisions for third-party dispute settlement at the international and national levels would help further these values.
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The costs associated with the dispute resolution provisions in UNCLOS are similar to those the United States is already subject to under the principles of universal jurisdiction and territoriality and numerous other agreements the U.S. has already ratified. Furthermore, the Convention provides the United States with an escape from mandatory dispute resolution which the U.S. has already invoked in its signing statements to ensure that the U.S. military will not be threatened by UNCLOS tribunals.
Keywords:Related Quotes:- Dispute settlement provisions in UNCLOS contribute to advancement of maritime law and are in best interest of US
- Dispute settlement provisions in UNCLOS were advocated by US originally because they are still best way to further rule of law
- US was leading advocate of system of third party arbitration within UNCLOS because it viewed this as essential to consistent application of the law
- U.S. would not be constrained by foreign tribunal and could choose other methods of dispute resolution
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