19 J. Transnat'l L. & Pol'y 357 (2009-2010)
Something for Everyone: Why the United States Should Ratify the Law of the Sea Treaty

handle is hein.journals/jtrnlwp19 and id is 361 raw text is: SOMETHING FOR EVERYONE: WHY THE UNITED
STATES SHOULD RATIFY THE LAW OF THE SEA TREATY
SARAH ASHFAQ'
TABLE OF CONTENTS
INTRODUCTION           ....................................... ...... 358
I.     GROSS OVERSTATEMENT OF SOVEREIGNTY COSTS OF THE
CONVENTION        ........................................... 360
A. The United States'Approach to International
Agreements         ..........................   ..... 360
B. What Are Sovereignty Costs?...........           ........ 362
C. Sovereignty Costs of the Convention to Which the
United States Has Already Agreed .......        ........ 363
D. Sovereignty Costs of the Convention Where the United
States is Not Already Explicitly Bound .       .......... 367
1. Common Heritage of Mankind......       ............. 368
2. Dispute Resolution Under the Convention........... 370
II.    U.S. MISINTERPRETATION OF CONVENTION COSTS RELATIVE
TO OTHER STATE PARTIES       ..................... ....... 373
A. Convention Ratification is Favorable to the United
States During Lags in Power      .............    ..... 374
1. Cost Reduction      ..................        ........ 377
III.   PRESSING STRATEGIC NEEDS THAT SUPPORT RATIFICATION ..379
A. Modern Threat of Piracy      ................      ..... 379
B. Countering an Emerging and Potentially Dangerous
China.        ............................       ....... 384
C. The Race for Arctic Resources ............        ...... 387
IV.    CONVENTION RATIFICATION: THEORETICAL PERSPECTIVE 391
A. Rationalist Advantages of Ratification of the
Convention.       .......................     ......... 392
1. Reciprocity        ........................    ..... 392
2. Influential Interest Groups Support Ratification
of the Convention     ................        ....... 393
B. Constructivist Advantages of Ratification of the
Convention............................... 394
* J.D., University of Pennsylvania, 2008; B.B.A., Baruch College 2002. The author
wishes to thank Professor William W. Burke-White for his invaluable comments and guid-
ance on earlier drafts of this article and his support and encouragement during the publica-
tion process, her parents, Muhammad and Ishrat Ashfaq for their endless love and support,
Josh Lantos, Taly Dvorkis, Rabia Ahmed, and Sadia Ashfaq for their advice, suggestions
and patience during the writing and editing of this article, and finally the FSU Journal of
Transnational Law and Policy's editorial team for refining this paper and getting it to where
it is.
357

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