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United Nations Convention on the Law of the Sea
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The United Nations Convention on the Law of the Sea (UNCLOS) is an international treaty that governs the use of the world’s oceans. On November 16, 1994, after getting the required sixty signatures, the Law of the Sea Treaty became an international law. Today, 143 countries are a part of the UNCLOS. However, the U.S. is not part of it for many reasons.
In 1993, the Department of Defense supplied an Ocean Policy Review Paper on “the currency and adequacy of U.S. ocean policy, from the strategic standpoint, to support the national defense strategy,” which established that U.S. national security interests in the oceans have been protected even though the U.S. is not in the UNCLOS (U.S. D.O.D. 76-94). The practices of the United States over the course of the last 300 years has created the very routine law of the sea that is the foundation of UNCLOS’s navigational provisions. Therefore it is not right to say that the U.S. may benefit from the convention’s navigational provisions if it were to join it (Groves).
The United States protects its navigational rights by diplomatically protesting naval assertions made by other nations and by conducting operational activities with the U.S. naval forces to fight these claims. Even before the adoption of UNCLOS in 1982, the United States had ordered protests and led naval actions to fight the nautical claims by other nations (Roach 7-8).
If the United States joined the convention it would cause a treacherous and permanent loss of American power. It would necessitate the U.S. Treasury to send over tens, maybe even hundreds, of billions of dollars to a peculiar international organization in Jamaica. Then this organization is authorized to redistribute those American dollars to countries with in...
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... that the United States does not need to accomplish universal international acknowledgement of its ECS to provide confidence to oil drilling and refining companies (Groves)
The UNCLOS is a convention that is put into place to help protect the world’s oceans. However there many types of corruption within it that would harm America if it joined the convention. The United States would have to pay a large sum of money for the suspected pollution that it might have caused. Also the U.S. would have to pay royalties of their earnings from their oil exploration on the continental shelf to the ISA. Also the use of UNCLOS would be seen as useless to us for navigational rights because America actually created the very routine for the Law of the Sea regarding navigation. If America was to enter the UNCLOS it would be a waste of money and time and would only the American people.
Under the UN 1982 treaty, a state’s territorial sea extends twelve nautical miles from the national coastline (Slomanson 305). Within this area, Ecuador exercises its sovereignty over these waters as if it were a landmass (Slomanson 305). All aspects of the sea are under its control, including the seabed and airspace. Furthermore, Ecuador is allowed to impose laws that regulate the territory and consume resources that lie inside this defined area. Within this territorial sea, Ecuador “must exercise its sovereign power in this adjacent strip of water” (Slomanson 305). Additionally, Ecuador is expected to chart this water and to provide warning of navigational hazards (Slomanson 305). However, Ecuador did not act upon this and was “lax in enforcing it”. In 1951, the International Court of Justice issued this statement in response to a ruling:
Next in 1899, 1907, 1954 the International Peace Convention (originally The Hague Convention) where held because, in the last wars multiple cultural, art, literature and artifacts pieces were destroyed. Also, the community notice the rise in technology of weapons. The rules of war from the two convention consist of National and Cultural Symbols, Chemical and Biological warfare, Wounded and Sick Soldiers, POW (Geneva III), Civilians and Occupation, and Cultural Property. All of those are rules of war and the are severe consequences if they are broken. The United Nations and International Court of Justice (also known as the World Court) will take care of war crimes. Multiple other organizations were made by the U.N. to take care of certain wars for people such as, Nazi's and The Civil war in Yugoslavia. All countries are suppose to respect and follow the rules of war no matter the
United Nations , "United Nations and Convention on the Law of the Sea:Division for Ocean Affairs and the LAw of the Sea." Accessed November 27, 2013. http://www.un.org/depts/los/convention_agreements/texts/unclos/UNCLOS-TOC.htm.
The United Nations. Resolution 36/103 of the UN General Assembly (1981). N.p.: n.p., n.d. Print.
On the surface, the Treaty appears to be a mutualistic agreement between two equal parties, with the best interest
Originally the Soviet Union, which had been attacked by Germany the month before, was to sign the charter as well. But the notion of "one world," in which nations abandoned their traditional beliefs in and reliance upon military alliances and spheres of influence, did not appeal to Joseph Stalin, and, in fact, neither was Churchill particularly thrilled. Only Roosevelt, who had been a member of the Wilson administration, truly believed in the possibility of a world governed by democratic processes, with an international organization serving as an arbiter of disputes and protector of the peace.
Weaker and Middle power states are more likely to adopt human rights treaties when there is international pressure or it is becoming an international norm. Even powerful states will fall under international pressure. William Schulz in his book Tainted Legacy defined international norms as the views held by those with the power, which he defined as either the majority of people, or the powerful elite (Schulz 2003, 110). For this example, the powerful elite are the major powers, and the majority represents a large alliance of lesser power states. For the United States, the advantage for ratifying the CAT would be a broadening of democratic ideals to non-democratic countries. The costs of ratifying are relatively low for the United States. We have domestic policies already in place that reflect the main goals of the CAT. Also, there is almost a zero chance that it will lead to unintended consequences. The cost the United States would face if the possibility of limited flexibility. Plus, if we ratified the treaty then there is a higher chance of it becoming an international norm due to the United States’ almost super power status. Which in turn means a higher chance that nondemocratic states like those in the middle east will fall under enough international pressure and have to ratify the treaty. The United States can use the ratification of treaties as a form
The history of the US’s relationship with the UN is complex, seeming to vacillate between warm cooperation and abject disdain as the national interests of the US and the rest of the world, and the short- and long-term interests of the US itself, align or oppose each other. The UN was originally the vision of US president Franklin Roosevelt and the product of US State Department planning and diplomacy. It was designed to forward the national interests of its strongest members, the P-5, to reflect and channel the geopolitical power structure rather than twist it into an unnatural and unsustainable hierarchy of weak nations trying to dominate strong. Because the Charter is based in a realist view of the world, during the Cold War, when the national interests of the two world powers diverged, the UN was paralyzed to deal with any of the world’s conflicts. When the Cold War ended it gave rise to the first war that should have been authorized by the Security Council—the Persian Gulf War from later 1990 to early 1991. Many hoped for a “new world order” after the success of the Gulf War, but the interests of the US and the rest of the world, primarily the rest of the members of the Security Council, soon divided again. Today, the world is still struggling to cope with the blow dealt to the UN by the US’s use of force in Iraq, including the US, which has not even begun to feel the long-term negative effects of its unilateralism. However, the war in Iraq could have been less detrimental to the UN and the US in particular, and by extension to the rest of the world, if the US had argued that it was acting to uphold resolution 1441 under the authorization of the Security Cou...
Significance: The United States must face the fact that the world is running out of oil and with today’s rising oil prices, economic and political instability in regions where the United States gets the majority of its oil, this country must begin looking into alternative means of energy to replace oil and end our dependence on foreign powers.
According to Article 38 of the 1946 Statute of the International Court of Justice, the Court shall apply “international custom, as evidence of a general practice accepted as law” in its decisions (Kritsiotis 123). In other words, the International Court of Justice cites customs as a formal source of law. According to Roberto Unger, author of Law in a Modern Society, customary international law is best defined as “any recurring mode of interaction among individuals and groups, together with the more or less explicit acknowledgement of these groups and individuals that such patterns of interaction produce reciprocal expectations of conduct that out to be satisfied (Shaw 72-73). In other words, customary international laws are primarily concerned with how and why sates behave in a particular manner. Customs derive from the behavior of states (state practice) and the subconscious belief that a behavior is inherently legal (opinio juris). Evidence of state behavior is documented in the decisions of domestic courts, international courts, and international organizations. Unlike treaty law, customary laws are binding on all states. Additionally, if a treaty derives from a custom it is also binding on all states. Some of the international court cases that have been instrumental in the development of customary international law include the Nicaragua v. United States case, the Anglo-Norwegian Fisheries case, the Scotia case, the Asylum case, the Paquete Habana case, and the Lotus case.
I will be presenting the first affirmative of today’s debate. The United Stated federal government should substantially increase its non-military exploration and/or development of the Earth’s oceans. Before I go further I would like to define the key terms of today’s debate. The United States federal government is defined as the system of government in the Constitution which is based on the separation of powers among three branches: the executive, the legislative and the judicial. The ocean is defined as the whole body of salt water that covers nearly three fourths of the surface of the earth. To increase means to become larger in amount or number. Nonmilitary means not belonging to, characteristic of, or involving the armed forces. Exploration
Olney, Richard. On American Jurisdiction in the Western Hemisphere. U.S., Department of State, Papers Relating to Foreign Affairs, 1895, I, pp. 545-562.
Public International law International law contains of rules and principles, which preside over the relations and communication of nations with each other. International Law that is in most other countries referred to as Public International Law concerns itself only with questions of rights among more than a few nations or nations and the citizens or subjects of other nations. In dissimilarity, Private International Law deals with controversies among confidential persons, natural or juridical, arising out of situations having important association to further than one nation. In current years the line up connecting public and private international law have became more and more doubtful. Issues of private international law may also associate issues of public international law and numerous matters of private international law nave considerable meaning for the international group of people of nations. International Law consists of the basic, classic concepts of law in nationwide legal systems, status, property, responsibility, and tort. It also includes substantive law, procedure, process and remedies. International Law is rooted in receipt by the nation states, which comprise the system. Customary law and conventional law are primary sources of international law. Customary international law results when states trail convinced practices usually and time after time out of an intelligence of legal responsibility. Lately the customary law was codified in the Vienna Convention on the Law of Treaties. Conventional international law derives from international agreements and may obtain any appearance that the constricting parties have the same opinion upon. Agreements may be complete in admiration to any substance except for to the leve...
In any kind of legal relations, subject always play an important role, and it is one of the signals to determine the relation that pertaining the adjustment of any legislation system. International law is a legislation system that is a set of thousands of documents from various sources. The research about the subjects is necessary since it helps to find out the source of law, which relation pertains the adjustment of law. The subjects of international law include sovereign states and analogous entities, intergovernmental organizations, the individuals, and multinational corporations.
The international law is the fundamental basis of sovereignty and equality of all states. It promotes peace, order, and justice to the international society. The effectiveness of the international law is also anchored to the international community whether they will follow or not. It is important that international community has rules and obligation to follow in order to prevent chaos in the society. The development of international law led to the understanding of different policies and sanctions for the states. It deals with conflict of the states to relieve destructive conflict. The international law is agreed upon by the international community but there is no enforcing body unlike in the domestic law. State has been relying to treaties and international agreements for the prevention of war.