Naval Power Projection UNCLOS ratification key to naval power projection
John Bellinger, Senior Fellow for International and National Security Law at Council on Foreign Relations, Nov. 11, 2014, "Should the United States ratify the UN Law of the Sea?," Ask CFR Experts, www.cfr.org/treaties-and-agreements/should-united-states-ratify-un-law-sea/p31828, accessed 4/15/2014
The Convention provides clear, treaty-based rights for U.S. ships and aircraft to travel through and over the territorial seas of other coastal states. This is why the U.S. Navy, with the largest fleet in the world, has long supported the treaty. In this time of shrinking defense budgets, the Navy wants clear legal rights to freedom of navigation when it cannot have more ships to assert these rights in practice.
Naval power solves nuclear war
James Conway, General US Marine Corps, 2007, “A Cooperative Strategy for 21st Century Seapower,” http://www.navy.mil/maritime/MaritimeStrategy.pdf, accessed 4/29/14
No other disruption is as potentially disastrous to global stability as war among major powers. Maintenance and extension of this Nation’s comparative seapower advantage is a key component of deterring major power war. While war with another great power strikes many as improbable, the near-certainty of its ruinous effects demands that it be actively deterred using all elements of national power. The expeditionary character of maritime forces—our lethality, global reach, speed, endurance, ability to overcome barriers to access, and operational agility—provide the joint commander with a range of deterrent options. We will pursue an approach to deterrence that includes a credible and scalable ability to retaliate against aggressors conventionally, unconventionally, and with nuclear forces. Win our Nation’s wars. In times of war, our ability to impose local sea control, overcome challenges to access, force entry, and project and sustain power ashore, makes our maritime forces an indispensable element of the joint or combined force. This expeditionary advantage must be maintained because it provides joint and combined force commanders with freedom of maneuver. Reinforced by a robust sealift capability that can concentrate and sustain forces, sea control and power projection enable extended campaigns ashore.
Global mobility key to overall military primacy
John Oliver, Senior Ocean Advisor at the U.S. Coast Guard, Summer, 2013, “The U.N. Convention
on the Law of the Sea: Now is the time to join,” Proceedings, http://www.marcon.com/library/articles/2013/PDF%20Articles/Arctic%20and%20UNCLOS.pdf, accessed 4/29/14
Additionally, our national maritime security strategy has long required worldwide mobility. Global mobility requires undisputed access through and around international straits such as the Bering Strait, the Northwest Passage, and the Northern Sea Route from Europe to Asia. The entire international community would benefit from a final resolution of any disputed points in these critical routes. Moreover, the relevant provisions of the convention guarantee these critically important transit rights to military and civilian vessels, aircraft, and submarines — no matter the purpose of the transit, the nature of the cargo, or the means of propulsion.
XT: Naval Power Projection UNCLOS key to leadership and global navigational rights for the navy
John Oliver, Senior Ocean Advisor at the U.S. Coast Guard, Summer, 2013, “The U.N. Convention
on the Law of the Sea: Now is the time to join,” Proceedings, http://www.marcon.com/library/articles/2013/PDF%20Articles/Arctic%20and%20UNCLOS.pdf, accessed 4/29/14
However, with the Senate Foreign Relations Committee having held additional hearings in 2004, 2007, and 2012, there is now an opportunity for the Senate to vote for the United States to regain its natural leadership position in the development of the international law of the sea. At the same time, joining the convention would promote critical national security, global mobility, economic, scientific, and environmental interests in the Arctic region
Top military advisors agree UNCLOS key to naval power projection
Isaak Hurst, Attorney with the International Maritime Group PLLC, November 2013, "The Law of the Sea and Its Effects On Offshore Mining," www.akbizmag.com/Alaska-Business-Monthly/November-2013/The-Law-of-the-Sea-and-Its-Effects-On-Offshore-Mining/, accessed 4/22/14
To drive the point home, Kerry also invited senior members from every branch of the US armed forces to testify that accession would increase national security. The US military supports the Convention because it ensures unimpeded access to travel through and over the world’s oceans. Even former Vice President Dick Cheney and Defense Secretary Leon E. Panetta support ratification—declaring accession will increase the United States’ sovereign right to the outer continental shelf, which, in Alaska, extends six hundred miles offshore, instead of the current two hundred-mile limit. Yet, despite the overwhelming support and expert testimony of our nation’s military, industrial, and political leaders, the Senate pushed back.
Navigational rights key to naval power projections
Galdorisi and Truver, ’05 (George, Director Space and Naval Warfare Center @ San Diego, Scott, National Security Programs @ Anteon Corp, Washington Times, 3/29)
*gender modified
The evolving U.S. strategic paradigm, dependent as it is on littoral operations from the sea against the shore, has made accession to the convention even more compelling. U.S. military strategy, doctrine and operations are crucially dependent on the navigation rights, flexibility and mobility conferred by the convention. To be sure, disputes might still arise, but the legal standing of the United States, particularly in protecting important navigation rights through straits and other international waterways, is much more enhanced with than without UNCLOS. UNCLOS is more than just another treaty. With 148 parties, it is the largest single international negotiating project ever. It has founded a new era on, under and above the world's oceans that clarifies, not muddies, important rights, responsibilities, and privileges. In some aspects, customary law has indeed been incorporated and as such is now explicitly positive, conventional law, with more global force than previously the case. And, it signals a commitment to the rule of law and a basis for the orderly conduct of affairs among nations: a commitment that the United States must sustain if it is to succeed in other critical endeavors, such as the global war on terrorism. In short, by refusing to accede to UNCLOS, the United States remains the "odd man [person] out" and risks losing vital credibility among friends and partners worldwide -- a challenge that Karen Hughes, in her new role at the State Department, will add to an already burgeoning portfolio.
Trade UNCLOS key to international trade
John Oliver, Senior Ocean Advisor at the U.S. Coast Guard, Summer, 2013, “The U.N. Convention
on the Law of the Sea: Now is the time to join,” Proceedings, http://www.marcon.com/library/articles/2013/PDF%20Articles/Arctic%20and%20UNCLOS.pdf, accessed 4/29/14
By guaranteeing merchant vessels the right to navigate through international straights, archipelagic waters, and coastal waters, the provisions of the convention promote dynamic international trade. Free navigation reduces costs and eliminates delays that would occur if coastal states were able to impose various restrictions on navigational rights.
UNCLOS key to facilitation of Coast Guard trade protection
John Oliver, Senior Ocean Advisor at the U.S. Coast Guard, Summer, 2013, “The U.N. Convention
on the Law of the Sea: Now is the time to join,” Proceedings, http://www.marcon.com/library/articles/2013/PDF%20Articles/Arctic%20and%20UNCLOS.pdf, accessed 4/29/14
Another key mission of the Coast Guard is to promote safe and secure international trade. The convention promotes freedom of navigation and overflight, by which international shipping and transportation fuel and supply the global economy. Some 90 percent of global trade tonnage, totaling more than $6 trillion in value including oil, iron ore, coal, grain, and other commodities, building materials, and manufactured goods, are transported by sea every year.
Offshore Mining Non ratification curtailing offshore mining now
Isaak Hurst, Attorney with the International Maritime Group PLLC, November 2013, "The Law of the Sea and Its Effects On Offshore Mining," www.akbizmag.com/Alaska-Business-Monthly/November-2013/The-Law-of-the-Sea-and-Its-Effects-On-Offshore-Mining/, accessed 4/22/14
Despite the majority of world’s nations adopting this treaty (84 percent), the United States still believes accession to this treaty is not in its best interest. The argument: the treaty contravenes the nation’s economic ideology and it erodes US sovereignty. These arguments are misguided, and non-ratification has begun to stem offshore mining projects by US companies due to the uncertainty over “clear legal title” to the resources extracted. This article will examine the Law of the Sea Convention and the fierce political debate surrounding ratification.
Ratification allows enhanced exploration of ocean oil and gas resources
John Bellinger, Senior Fellow for International and National Security Law at Council on Foreign Relations, Nov. 11, 2014, "Should the United States ratify the UN Law of the Sea?," Ask CFR Experts, www.cfr.org/treaties-and-agreements/should-united-states-ratify-un-law-sea/p31828, accessed 4/15/2014
The Convention would also codify U.S. legal rights to exploit vast oil and gas resources on our extended continental shelf off the coast of Alaska (an area the size of two Californias), to mine valuable minerals on the deep seabed, and to lay and service submarine telecommunications cables. U.S. companies are not willing to invest the billions of dollars necessary to exploit Arctic resources unless they have the clear legal rights guaranteed by the Convention. As a result, the treaty is also strongly supported by the U.S. business community, including the U.S. Chamber of Commerce, major oil companies, the shipping and fishing industry, and telecommunications companies.
Non-ratification hurts offshore development – companies fear the risks
Isaak Hurst, Attorney with the International Maritime Group PLLC, November 2013, "The Law of the Sea and Its Effects On Offshore Mining," www.akbizmag.com/Alaska-Business-Monthly/November-2013/The-Law-of-the-Sea-and-Its-Effects-On-Offshore-Mining/, accessed 4/22/14
The United States is one of the last remaining countries that has not ratified UNCLOS—along with Iran, Libya, North Korea, Ethiopia, and Burundi. Embarrassing political associations aside, non-ratification is curtailing offshore development as US companies are afraid of the legal risks associated with such projects due to the lack of clear legal title to deep-sea resources. To combat this issue, Congress should look past the political hyperbole and understand that accession will expand US sovereignty by solidifying the world’s maritime borders and provide US entities with the legal confidence necessary to engage in deep-sea mining projects.
US Economy UNCLOS ratification key to job creation and economic stability
Isaak Hurst, Attorney with the International Maritime Group PLLC, November 2013, "The Law of the Sea and Its Effects On Offshore Mining," www.akbizmag.com/Alaska-Business-Monthly/November-2013/The-Law-of-the-Sea-and-Its-Effects-On-Offshore-Mining/, accessed 4/22/14
In June of 2012, the Senate Foreign Relations Committee held an array of hearings on UNCLOS to drum up congressional support for the Convention’s ratification. Senator John Kerry lead the charge and invited key players from the oil and gas, telecommunications, offshore mining, manufacturing, shipping, environmental, and tourism industries. Their argument was straightforward: without a universally recognized legal regime governing the exploitation of the mineral resources of the deep-sea beyond the zones of national jurisdictions, US companies would not assume the investment rights associated with such projects until it was clear who had “clear legal title” to the resources extracted. Uniformly, these industry leaders testified that accession to UNCLOS would provide such clarity, which would subsequently create jobs, protect the environment, and ultimately lead to a stronger US economy.
UNCLOS key to the US economy by allowing development of our exclusive economic zone
John Oliver, Senior Ocean Advisor at the U.S. Coast Guard, Summer, 2013, “The U.N. Convention
on the Law of the Sea: Now is the time to join,” Proceedings, http://www.marcon.com/library/articles/2013/PDF%20Articles/Arctic%20and%20UNCLOS.pdf, accessed 4/29/14
From an economic perspective, the United States emerges a clear winner under the convention’s provisions on the exclusive economic zone (EEZ) and the continental shelf, due to its lengthy coastline and island possessions that border on several particularly productive ocean areas such as the Bering Sea. The United States has the largest and richest EEZ in the world. Also, our extended continental shelf has enormous potential due to oil and gas reserves, particularly in the Bering, Chukchi, and Beaufort Seas west and north of Alaska
Only through UNCLOS membership can the US fully exploit maritime resources
John Oliver, Senior Ocean Advisor at the U.S. Coast Guard, Summer, 2013, “The U.N. Convention
on the Law of the Sea: Now is the time to join,” Proceedings, http://www.marcon.com/library/articles/2013/PDF%20Articles/Arctic%20and%20UNCLOS.pdf, accessed 4/29/14
Discoveries by the crew aboard the USCG icebreaker Healy reveal that the U.S. continental shelf in the Arctic Ocean is much more extensive than originally thought. Nevertheless, only by becoming party to the convention and participating in its processes can the United States obtain secure title to these vast resources, adding an area twice the size of the Louisiana Purchase (some 290,000 square miles) for U.S. sovereign resource exploitation.
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