UNCLOS not adequate for the Arctic because states can easily opt out of dispute resolution
However, even if the United States decides to ratify the treaty, there is still an inherent structural problem that may prevent the UNCLOS from solving disputes of any magnitude. This structural problems is that nations may opt-out of the UNCLOS dispute resolution procedures.134 In fact, every Arctic nation except Norway has chosen this method to avoid the binding language of the UNCLOS.135 The treaty’s substance hardly matters if there is no way to enforce its provisions.
Keywords:
Shrinking Ice, Growing Problems: Why We Must Act Now to Solve Emerging Problems Posed by an Ice-Free Arctic ." Transnational Law & Contemporary Problems. Vol. 19. (Spring 2010): 655-679. [ More (5 quotes) ]
"