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Revision of U.S. ability to conduct maritime interdiction operations will not be curtailed by UNCLOS from Sun, 07/06/2014 - 23:27

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U.S. ability to conduct maritime interdiction operations will not be curtailed by UNCLOS

The U.S. conducts a wide range of maritime interdiction and related operations with our allies and partners, virtually all of whom are parties to the Convention. Accession would strengthen our ability to conduct such operations by eliminating any question of our right to avail ourselves of the legal authorities contained in the Convention and by ensuring that we share the same international legal authorities as our partners and allies.

Keywords: 
Maritime Interdiction Operations

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UNCLOS won't impact the way U.S. conducts maritime interdiction operations

Proponents of UNCLOS assert that the treaty does not significantly impact the way the United States military conducts MIOs.53 During peacetime, UNCLOS permits the following: the boarding of vessels that are flying the flag of the boarding state, the boarding of vessels that consent to boarding, the boarding of vessels that are entering coastal state ports, and the boarding of stateless vessels.54 During wartime or armed conflict, UNCLOS allows boardings in self-defense if under attack or threat of attack and in accordance with other established maritime law and laws of armed conflict.55 These provisions are sufficient for the United States to continue to carryout MIO missions as currently employed.

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Ivey, Matthew W. "National Security Implications in the Global War on Terrorism of the United States Accession to the United Nations Convention on the Law of the Sea." Dartmouth Law Journal. Vol. 7, No. 2 (2009): 117-131. [ More (9 quotes) ]

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