To accede or not to accede: An analysis of the current US position related to the United Nations law of the sea |
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| Institution: | 1. School of Humanities and Social Sciences, University of New South Wales Canberra, PO Box 7916, Canberra, ACT 2610, Australia;2. College of Asia & the Pacific, Australian National University, Canberra, ACT 2600, Australia;1. Laboratory of Molecular Modeling Applied to Chemical and Biological Defense, Military Institute of Engineering, Rio de Janeiro, Brazil;2. School of Chemistry and Material Science, Technical University of Kenya, Nairobi, Kenya;3. Department of Chemistry, Faculty of Science, University of Hradec Králové (UHK), Hradec Králové, Czech Republic;4. Safety and Security Management Consultant, Colombo, Sri Lanka;5. Institute for History—Public Policy and Ocean Affairs—Leiden University, Netherlands;1. Centre for Resource Management and Environmental Studies (CERMES), University of the West Indies, Cave Hill Campus, St. Michael, Barbados;2. Marine Affairs Program, Dalhousie University, Halifax, NS, Canada |
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| Abstract: | The 1982 United Nations Convention on the Law of the Sea (hereafter “UNCLOS”) is one of the most significant legal instruments of modern times, though the United States (US) has yet to join the 167 nations that have signed the document. Until the twentieth century, freedom of the seas led to inequity among nations, violence, and environmental disasters. UNCLOS provides a peaceful legal structure to resolve border disputes and enforce anti-pollution regulations while maintaining freedom of navigation, safety at sea, and marine scientific research efforts. However, the legitimacy of UNCLOS continues to deteriorate as China acts unilaterally while its global economic reach expands. Additionally, the US cannot participate in international agreements to access ocean resources in the deep seabed or claim portions of the Arctic due to non-accession to UNCLOS. Such accession would protect global security as the balance of power otherwise becomes increasingly unstable. The US must also accede to ensure economic development for itself as well as the preservation of coastal resources upon which many nations rely. In conclusion, US non-accession will risk global security, economic development, and the US position of strength. |
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