UNCLOS promotes U.S. freedom of navigation in three ways

UNCLOS promotes the United States' freedom of navigation rights in at least three ways.³⁹ First, the Convention limits coastal States' territorial seas to twelve nautical miles.⁴⁰ Second, UNCLOS affords innocent passage of ships and aircraft through other countries' territorial seas and archipelagoes, as well as through straits used for international navigation.⁴¹ Finally, the Convention sets forth maximum navigational rights and freedoms for ships and aircraft in exclusive economic zones.⁴² In regards to the United States' non-party status, proponents of UNCLOS argue that while these rights may exist in customary law, joining the Convention would put these provisions on firmer legal footing, as rights embodied in a treaty are more fixed than those in customary law.43Noyes, John. "The United States, the Law of the Sea Convention, and Freedom of Navigation." Suffolk Transnational Law Review. Vol. 29. (2005-2006): 1-24. [ More (4 quotes) ]