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8 Nat'l Sec. L.J. 1 (2021)

handle is hein.journals/nseclj8 and id is 1 raw text is: 20211 Maritime Espionage and the Legal Consequences of the United I States'PotentialRatification of the United Nations Convention on the Law ofthe Sea MARITIME ESPIONAGE AND THE LEGAL CONSEQUENCES OF THE UNITED STATES' POTENTIAL RATIFICATION OF THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA Todd Emerson Hutchins* This paper explores the potential ramifications ofratifying the United Nations Convention on the Law of the Seas (LOSC) on the United States' maritime espionage policy and operationalpractices. Part I briefly reviews the legality ofmaritime espionage, particularly focusing on intelligence collection outside oftraditionalarmed conflict situations. Part IIexplains the Law of the Sea and coastal state securityin the innocent passage regime presumably codified in the LOSC Part III considers policy and practice with respect to maritime espionage, interestingly observing divergent trends between treaty law development and state practice, particularly with regard to nearshore espionage under the theoretical 'non-innocent passage'regime. This part considers consistency of United States policy and practice with the LOSC's Article 19, which forbids intelligence gathering' during innocent passage. Part VI considers possibilities for the United States to consider when assessing whether to ratify the LOSC; namely, the overall benefits and costs, the package deal'nature of the LOSC, ways the LOSC may constrain United States maritime espionage practice, and the potential risks of these issues being litigated in an international forum. Finally, this paper concludes by stressing the need for senators and the intelligence community to carefully discuss the impacts ofaccession to the LOSC on maritime espionage. The United States should not accede to the LOSCifunwilling or unable to abide by its maritime espionage rules. *Lieutenant Commander, Judge Advocate General's Corps, United States Navy. J.D.- Univ. California Berkeley, L.L.M - The George Washington University. DISCLAIMER: The views expressed are the author's and do not reflect the official policy or position of the U.S. Navy, DoD, or the U.S. gov't.

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