Protecting and Enhancing American Oceans Leadership—Managing Change in a Thawing Arctic and Conflict in the South and East China Seas as Critical Examples

Abstract This Chapter explores how America’s non-accession to UNCLOS has damaged its traditional leadership in oceans matters. At least since World War II, the United States, with the largest navy and the largest economy in the world, and bordering three oceans, has been a leader in oceans policy matters. But to the delight of its enemies and the consternation of its friends, American oceans leadership has been significantly harmed by its absence from the Law of the Sea Convention. America has not been able to participate in the new oceans institutions created by UNCLOS, it has been relegated to second class citizenship as a mere observer in the annual UNCLOS Meeting of States Parties, it has reduced effectiveness in dealing with international negotiations affecting the oceans, such as the ongoing BBNJ negotiations, and American absence has hampered and delayed American industry and government from actively engaging oceans opportunities and challenges. As examples of the costs for American leadership from non-adherence this chapter examines in separate sections the important issues presented by a thawing Arctic Ocean, as well as conflict in the South and East China Seas.