ARGUMENT HISTORY

Revision of U.S. ability to conduct maritime interdiction operations will not be curtailed by UNCLOS from Sat, 11/11/2017 - 17:01

The U.S. conducts a wide range of maritime interdiction and related operations with its allies and partners, virtually all of whom are parties to the Convention. If the U.S. were to ratify UNCLOS, it would only strengthen its ability to conduct such operations by eliminating any question of its right to avail ourselves of the legal authorities contained in the Convention.

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Ratifying LOSC will also enhance U.S. counter-piracy efforts by improving America’s ability to shape the legal authorities the international community relies on to combat piracy, especially in instances where existing agreements do not account for advancements in technology. The United States, for example, relies increasingly on remote sensing systems and a fleet of low- and high-altitude remotely piloted vehicles to provide persistent surveillance where the United States lacks a sustained maritime presence. These technologies may help U.S. maritime officials track piracy activities and facilitate a faster response. However, as one analyst notes, use of these technologies may not be clearly protected within existing international maritime treaties, including LOSC: “[R]emote sensing from satellites and high-flying surveillance aircraft have for decades undertaken maritime scientific research and surveys in others[’] EEZs without the permission – or even the advance knowledge – required by the 1982 UNCLOS.”16 As the United States continues to field remotely piloted or semi-autonomous vehicles and sensors – including maritime ones – it will need to be prepared to challenge efforts to constrain or prohibit their use.

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Rogers, Will. Security at Sea: The Case for Ratifying the Law of the Sea Convention . Center for a New American Security: Washington, D.C., April 25, 2012 (11p). [ More (11 quotes) ]

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