Revision of U.S. ratification of UNCLOS critical to naval soft power needed for cooperation with other navies from Sun, 03/02/2014 - 00:35
Quicktabs: Arguments
Certainly ratification will place the United States on firm legal standing, but more importantly, ratification will add significantly to the legitimacy of U.S. operations conducted under the framework of UNCLOS. But does obtaining legitimacy carry enough weight to warrant ratification? And would ratification increase the legitimacy of U.S. action? Absolutely. Through theory and practical application, legitimacy, like the other principles of war, has come to form the bedrock foundation by which joint operations are planned and conducted.38 Legitimacy isn’t, however, just “an other principle” of warfare that can be brushed aside when inconvenient. Instead, and rightfully so, legitimacy concerns often times drive commanders to operate within a multinational construct.39 Thus, sustaining legitimacy is, and will remain, a priority for leaders at all levels of the military and must be included in the planning and execution phases to ensure operations are viewed in a favorable light post implementation.40 Moreover, legitimacy is no longer an imperative solely for the politician or diplomat; that line has become hopelessly blurred.41 Instead, legitimacy has become “a prime example of the nexus between politics and war.”42 In other words, it sends a clear message to the world that military actions match rhetoric with respect to the rule of law.43 Furthermore, speaking to the issue of UNCLOS directly, legitimacy is the seam created when U.S. policy is to operate within international law, but not as part of it. Thus, legitimacy is not legality, although the law is certainly a component.44 Clearly U.S. Freedom of Navigation and Proliferation Security Initiatives, both underwritten by UNCLOS provisions, are at least debatably legal under current practice but still they fail to achieve widespread international approval.
Over the past two decades international maritime law has evolved from a set of rules designed to avoid naval warfare, by keeping maritime powers apart, toward a new global framework designed to facilitate maritime security cooperation, by bringing naval forces together to collaborate toward achieving common goals. The effects of this change are far-reaching—for the first time, law is a force multiplier for pursuing shared responsibilities in the maritime domain. In a departure from the past hundred years of state practice, the contem- porary focus of international maritime law now is constructive and prospective, broadening partnerships for enhancing port security, as well as coastal and in-shore safety, extending maritime domain awareness, and countering threats at sea. In contrast, the predominant influence of law on sea power from the first Hague conference in 1899, through two world wars, and continuing until the end of the Cold War, was focused on developing naval arms-control regimes, refining the laws of naval warfare, and prescribing conduct at sea to erect “firewalls” that separated opposing fleets. The maritime treaties were designed to maintain the peace or prevent the expansion of war at sea by controlling the types and numbers of warships and their weapons systems and by reducing provocative or risky behavior.
Today treaties do more than reduce friction and build confidence: contemporary international maritime agreements spread safety and security through networks or coalitions. Laws and international institutions have become catalysts for fostering coordination among states and distributed maritime forces and spreading the rule of law at sea, and as a consequence, the strategic, operational, and political “landscapes” of the oceans have decisively changed.
Our Maritime Security Strategy is founded upon the basic truth that nations with common interests in international commerce, safety, and security can work together to address common challenges. While the Armed Forces of the United States will always enjoy the capability to unilaterally conduct military operations wherever and whenever necessary, we also know that global security depends upon a partnership of maritime nations sharing common goals and values.
Global maritime security is undergoing significant transformation today, and as the world’s foremost maritime power, the United States is both expected and required to lead that transformation. We must lead and manage a maritime security domain in which friendly navies, coast guards, and industry develop common interoperability protocols and information sharing frameworks. In turn, these arrangements must enable distributed maritime operations appropriately scaled to address the full range of 21st Century maritime security challenges, including proliferation of WMD, terrorism, piracy, and transnational criminal activities such as narcotics and human trafficking.
Joining the Law of the Sea Convention is critical to the success of our Maritime Security Strategy. By joining the Convention the United States will be able to effectively develop and lead an association of maritime partners dedicated to ensuring public order in the world’s oceans.