Notes

*AFFIRMATIVE CAMP CASE*

It is because the U.N. Convention of the Law of the Sea has been ratified and signed by every other coastal country in the world that we affirm today’s resolution.

Resolved: The United States should accede to the United Nations Convention on the Law of the Sea without reservations.

To clarify today’s debate, my partner and I provide the following definitions.

The United States: Made up of the 50 federated states, American Samoa, District of Columbia, Johnston Island, Guam, Wake and Midway Islands, Northern Marianas and US Virgin Islands.
What is UNITED STATES? definition of UNITED STATES (Black's Law Dictionary). (2014, April 14). Retrieved from https://thelawdictionary.org/united-states/.

Accede: To enter upon the duties (of an office); attain (to); to give assent; give in; agree (to); to become a party (to a treaty) between nations
Accede definition and meaning | Collins English Dictionary. (n.d.). Retrieved from https://www.collinsdictionary.com/us/dictionary/english/accede/.

United Nations Convention of the Law Of Sea (UNCLOS): In 1982 the United Nations adopted the
Convention of the Law of the Sea-- “a legal regime governing activities on, over, and under the world’s oceans.” The convention was and is “an unprecedented attempt by the international community to regulate all aspects of the resources of the sea and uses of the ocean, and thus bring a stable order to mankind's very source of life.” The United States is the only coastal nation yet to acede and this is due to descent from a few key senators, despite historic support by each president.
Gallagher, M. E. (2014). The Time is Now: The United States Needs to Accede to The United Nations Convention on the Law of the Sea to Exert Influence Over the Competing Claims to the South China Sea. Temple International and Comparative Law Journal, 5-6. Retrieved from
http://www.comitersinger.com/wp-content/uploads/2018/01/2269_001.pdf/.

Without Reservations: Without limitation and/or completely.
Without Reservation. (n.d.). Retrieved from https://www.merriam-webster.com/dictionary/without reservation

Due to these definitions, we argue that the criteria for this debate should be comparative advantage. Meaning that if the world is better off with U.S. accession, the affirmative wins the debate. We meet this burden because accession would provide three large advantages. First, not acceding to the UNCLOS uniquely harms U.S. interests in maritime boundary disputes in the Arctic., second, the U.S. would gain access to the International Seaboard Authority, and finally, the U.S. would gain influence in the South China Sea.







First, Not acceding to the UNCLOS uniquely harms U.S. interests in maritime boundary disputes in the Arctic.

Almond, R. G. (2017, May 25). U.S. Ratification of the Law of the Sea Convention. Retrieved from https://thediplomat.com/2017/05/u-s-ratification-of-the-law-of-the-sea-convention/. Roncervert Ganan Almond, a partner at the Wicks group and former adviser for the US-China Economic and Security Review Commission.
Roncervert Ganan Almond, a partner at the Wicks group and former adviser for the
US-China Economic and Security Review Commission explains that given that the United States has not ratified UNCLOS, U.S. nationals may not serve as members of the Commission on the Limits of the Continental Shelf. It is not clear whether the United States, as a non-state party, can even make a legally recognized submission to the commission to assert its claim and fully protect its proprietary rights and energy interests. In contrast, Russia, which may be entitled to almost half of the Arctic region area and coastline, has already made its submission for vastly extending its continental margin, including a claim to the Lomonosov Ridge , an undersea feature spanning the Arctic from Russia to Canada. Russia and Canada are the two countries with which the United States has potentially overlapping extended continental shelf claims. This maritime boundary dispute is no small matter. The U.S. Geological Survey Estimates that the Arctic holds 22 percent of the world’s undiscovered oil and gas, amounting to more than 412 billion barrels of oil equivalent.

Titley, D. W., Ph.D. (2018, July 2). The United States Role in Maritime Transportation in the Arctic. Address presented at Briefing to the United State House of Representatives Subcommittee on Coast Guard and Maritime Transportation. David Titley was a Rear Admiral USN (Ret.). He currently hold a Ph.D and is the Professor and Director, Center for Solutions to Weather and Climate Risk The Pennsylvania State University.
David Titley Ph.D. says that Now is the time to think carefully about how to manage that very different world and what we want that world to look like. We must think of this in terms of our security, our economy, the likely actions of our friends and rivals, and critically, engage in a meaningful and sustained way with the indigenous people who have lived in the arctic for thousands of years. UNCLOS was written primarily by the U.S. to encode maritime advantages inherent to our economic and security well-being. UNCLOS is the governance structure for the world’s oceans, including the Arctic Ocean. Accession to UNCLOS, among many other advantages, would allow the U.S. to file a claim for seabed resources north of Alaska in an area that is nearly the size of California.

Next, the U.S. would gain access to the International Seaboard Authority.
Liljestrand, K. (2018, February 08). The Deep-Sea Reasons for the Accession of the United States to the 1982 Convention on the Law of the Sea. Retrieved from
https://gelr.org/2018/02/08/the-deep-sea-reasons-for-the-accession-of-the-united-states-to-the-1982-convention-on-the-law-of-the-sea/



A. According to Katherine Liljestrand of the Georgetown Law review, while the United States remains a non-party to UNCLOS, access to the Council of the International Seabed Authority.– and, subsequently, to the subject jurisdictions it covers – are denied.The second important environmentally-related mechanism the United States is missing out on is the Council of the International Seabed Authority and its unique process. The International Seabed Authority is the primary body that deals with the Area. The Area, as defined in Article I of UNCLOS, includes the seabed, ocean floor, and subsoil beyond the limits of national jurisdiction.[15] The International Seabed Authority is the international body that regulates and controls all mineral-related activities in the Area, and only parties to UNCLOS can sit on the Council. The United States has a reserved, permanent spot on the Council due to having the largest economy at the time of UNCLOS’ ratification but is unable to take that spot unless it becomes a party to UNCLOS. As of currently, the United States is missing out on partaking in the Authority’s defining of the future of seabed mineral mining.

Finally, the U.S. would gain influence in the South China Sea.
Cardin, B. (2016, July 13). The South China Sea Is the Reason the United States Must Ratify UNCLOS. Retrieved from https://foreignpolicy.com/2016/07/13/the-south-china-sea-is-the-reason-the- united-states-must-ratify-unclos/. Ben Cardin is a Senator from Maryland.
A. Failure to accede to the UNCLOS undermines US influence in the South China Sea. Acceding is the only way to guarantee influence. Ben Cardin, Senator for the state of Maryland explains that: Our failure to ratify the treaty also undermines our ability to fully work with our allies and partners in the South China Sea region. If we are not party to UNCLOS, it is difficult for the United States to rely on the treaty to determine the legal entitlements of mid-ocean features, which claims are lawful, and what exactly constitutes the high seas. It’s also harder for us to suggest it as the basis for resolving claims and arbitrating disputes — or to rely on EEZs [exclusive economic zones] drawn under UNCLOS’s auspices. Moreover, a broad set of stakeholders including the U.S. Chamber of Commerce, environmental organizations, the military, and industry specific trade groups representing commercial fishing, freight shipping and mineral extraction all support U.S. accession to the treaty. Perhaps most importantly, our military leaders have stated that U.S. participation will help them maintain navigational rights — and with less risk to the men and women they command.


It is because we believe that acceding would provide the greatest benefit to the United States and Global Community that we proudly affirm. Thank you.