News: By Source
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The author disputes the idea brough up in recent testimony that the U.S. could improve its bargaining position in negotiating a resolution to the South China Seas dispute by ratifying UNCLOS.
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The International Tribunal for the Law of the Sea (ITLOS) dealt a blow to the Russian Federation on November 22nd, when it ordered Moscow to release the Arctic Sunrise and the remainder of the Greenpeace protestors who were on the vessel when Russia seized it on September 19, 2013. Shortly after the tribunal’s decision was announced, however, the Voice of Russia reported that the Russian government does not intend to comply with the order.
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Craig H. Allen argues that the recent ITLOS decision against Ghana "should receive a warm welcome in the Pentagon—[as it] sends a clear message on the principle of sovereign immunity of warships and the readiness of ITLOS to enforce that immunity even when the warship is in the port or internal waters of another state—at least if the involved states are party to the 1982 LOS Convention.
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Craig Allen argues against the claim that U.S. already realizes all benefits of UNCLOS from customary international law by looking at the consequences if all other 160+ nations followed the U.S. example.
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