[opiniojuris] Julian Ku: Peru Will Not Ratify Law of the Sea Treaty

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Posted by Julian Ku:
Peru Will Not Ratify Law of the Sea Treaty
http://www.opiniojuris.org/posts/1188960061.shtml


   Peru's got bigger issues to deal with these days, like recovering from
   an enormous earthquake. But the government there is still determined
   to pursue its territorial sea dispute with Chile by bringing a case to
   the ICJ. (By the way, this would make it the first new case for the
   ICJ this year). Additionally, its minister of foreign affairs
   announced that Peru will [1]NOT sign the UN Convention on the Law of
   the Sea, because signing that treaty was not necessary to resolve the
   dispute with Chile. This may or may not be a good strategy for Peru.
   It does puncture one misconception about UNCLOS. Just because a state
   does not sign the treaty, doesn't mean it can't delimit territorial
   seas and continental shelves by agreement with its neighbors. It might
   make it easier to settle borders, but UNCLOS is not necessary to do
   so. This doesn't mean the U.S. Senate shouldn't ratify UNCLOS. But it
   shouldn't do so thinking that UNCLOS is the only way to settle U.S.
   claims in the Arctic, etc.

References

   1. http://www.leiterrankings.com/faculty/2007faculty_impact.shtml