US tacit acceptance of UNCLOS framework for Arctic policy can be seen by its putting forward CLCS bid and Arctic roadmap Strategy
Ironically, the United States is currently preparing its own extended-continental-shelf claims in the Arctic even though it is not party to UNCLOS, which provides the mechanism for submitting such claims. American legal rationale and liabilities pertaining to this are published on the Extended Continental Shelf Project website of the U.S. government:
The United States is the only Arctic country, and indeed one of the few countries in the world, that has not yet ratified the LOS Convention. A non-party country has the same rights in its extended continental shelf as a country that has ratified the Convention, but without ratifying, the U.S. cannot submit its scientific findings to the CLCS, which means the U.S. will not have the opportunity to receive their recommendations and set ECS [extended continental shelf] limits based on them. There is an [sic] benefit to considering these recommendations: according to the LOS Convention, if a coastal country establishes its ECS limits “on the basis of” CLCS recommendations, those limits are “final and binding.”117
Accession to UNCLOS is the common recommendation of both the former George W. Bush and current Barack Obama administrations and is supported by a strong alliance of American military, environmental, shipping, energy, and other interests. In its recently issued “U.S. Navy Arctic Roadmap,” the U.S. Navy itself urges UNCLOS accession.118 Nowhere is the rationale for accession better spelled out than in the most recent statement of American Arctic policy, issued during the final days of the Bush administration:
The Senate should act favorably on U.S. accession to the U.N. Convention on the Law of the Sea promptly, to protect and advance U.S. interests, including with respect to the Arctic. Joining will serve the national security interests of the United States, including the maritime mobility of our Armed Forces worldwide. It will secure U.S. sovereign rights over extensive marine areas, including the valuable natural resources they contain. Accession will promote U.S. interests in the environmental health of the oceans. And it will give the United States a seat at the table when the rights that are vital to our interests are debated and interpreted.119
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Related argument(s) where this quote is used.
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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.
Keywords:Related Quotes:- Even without ratification, UNCLOS has already achieved binding customary international law status in the US
- U.S. has committed to abiding by UNCLOS framework in the Arctic both formally and informally
- Despite U.S. non-party status to UNCLOS, all three branches of government have already accepted it as law of the land
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