U.S. ratification of UNCLOS would help mitigate tensions in South China Sea
Ratifying LOSC will give the United States added legitimacy as it seeks to defend the interests of allies and partners in the Asia Pacific, particularly countries involved in disputes over the South China Sea. Tensions between China and Southeast Asian states over historical territorial claims and jurisdiction over potentially lucrative seabed natural resources are escalating because of increasingly assertive behavior on all sides. LOSC is central to mitigating tensions and avoiding conflict in the South China Sea, which involve territory demarcation, maritime navigation and other issues covered by the convention. Without ratifying LOSC, the United States will be unable to credibly encourage efforts of allies like the Philippines as it attempts to mediate a dispute with China over the joint development of resources in the South China Sea using the LOSC dispute settlement mechanism.
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As a signatory to UNCLOS, the PRC occasionally implies that its interpretations should trump those of the United States, which has yet to ratify the convention that Washington nevertheless employs as a bludgeon against Beijing’s claims that UNCLOS permits limitations by coastal states on foreign military activities in the EEZ.
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