UNCLOS has force as customary international law but the US needs to be a party to guide its evolution
By any measure, UNCLOS satisfies the criteria for creating new custom. As such, to the extent UNCLOS reflects customary law, the most obvious way to change customary law would be to amend UNCLOS itself. Although amending the treaty could be challenging, UNCLOS provides two processes for amending its general provisions, as well as a separate process for amending the deep seabed mining provisions of the 1994 Agreement.77
UNCLOS’ general provisions can be amended by two separate procedures. A simplified procedure provides that the Secretary General may circulate a request for an amendment and if within 12 months there is no objection, the amendment is adopted. If a party objects, the amendment is rejected.78 Under the conference procedure, a party may propose an amendment and request an amendment conference. Convening the conference requires concurrence by half the state parties within twelve months of the request. After its adoption, an amendment’s entry into force by either procedure requires ratification by two thirds of the state parties.79
Significantly, if the U.S. were a party to UNCLOS, any post-accession amendment would require signature by the President and ratification by the Senate.80 According to the express terms of the treaty, the U.S. could not be involuntarily bound by post-accession changes to the Convention.81
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Related argument(s) where this quote is used.
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As the pre-eminent global maritime power, the U.S. has significant interests in the global effect of the Convention’s rules and their interpretation with many issues that of greater concern to us than to most other countries (for example, preserving freedom of navigation rights). Our adversaries view this as a weakness they can exploit and are shaping the course of the convention in ways adverse to U.S. interests while the U.S. remains on the sidelines, unable to participate in the discussion as a non-party.
Keywords:Related Quotes:- U.S. adversaries are taking advantage of U.S. non-party status to UNCLOS to shape international laws in ways inimical to U.S. interests
- U.S. adversaries are using U.S. absence from UNCLOS to shape treaty in way adverse to U.S. interests
- U.S. interests are threatened by international NGOs and other actors that are shaping the future of UNCLOS without U.S. input
- U.S. has permanent veto over new amendments to the treaty but only after it has ratified it
- ... and 25 more quote(s)
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As the pre-eminent global maritime power, the U.S. has significant interests in the global effect of the Convention’s rules and their interpretation with many issues that of greater concern to us than to most other countries (for example, preserving freedom of navigation rights). Our adversaries view this as a weakness they can exploit and are shaping the course of the convention in ways adverse to U.S. interests while the U.S. remains on the sidelines, unable to participate in the discussion as a non-party.
Keywords:Related Quotes:- U.S. adversaries are taking advantage of U.S. non-party status to UNCLOS to shape international laws in ways inimical to U.S. interests
- U.S. adversaries are using U.S. absence from UNCLOS to shape treaty in way adverse to U.S. interests
- U.S. interests are threatened by international NGOs and other actors that are shaping the future of UNCLOS without U.S. input
- U.S. has permanent veto over new amendments to the treaty but only after it has ratified it
- ... and 25 more quote(s)