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The U.S. has long operated under the premise that many UNCLOS provisions reflect customary international law, yet its refusal to ratify the treaty has left it in a legal gray area. Proponents argue that ratification would
and provide access to international bodies like the Commission on the Limits of the Continental Shelf (CLCS) to validate territorial claims. Conversely, critics warn of potential constraints on military operations in EEZs and exposure to compulsory dispute resolution mechanisms, . This ambiguity has not deterred the U.S. from leveraging UNCLOS principles selectively, such as in its arguments over the Northwest Passage's status as an international strait . However, the lack of formal ratification weakens its legal standing in contested waters, particularly as rivals like China assert UNCLOS-based claims to expand their maritime influence .
However, the U.S. strategy faces pushback from international institutions and competitors. The Metals Company (TMC), a U.S.-based firm, has drawn criticism from the International Seabed Authority (ISA) and the European Union for
. This unilateral approach risks isolating the U.S. in global governance frameworks while about deep-sea ecosystem impacts. Investors must weigh these geopolitical and ecological risks against the potential rewards of securing critical minerals essential for green technologies and defense systems.The U.S. is also pivoting toward offshore energy projects to reduce reliance on adversarial nations and strengthen alliances. The Department of Energy's $1 billion investment in critical mineral processing and manufacturing in August 2025
. Bilateral agreements with Australia ($8.5 billion in gallium refining) and Japan (grants and loans for mineral development) highlight the administration's focus on diversifying supply chains . In the Middle East, a $49% equity stake in a Saudi rare earth refinery, co-funded with MP Materials and Maaden, with regional partners to counter Chinese dominance in refining.These investments are not without challenges. The U.S. Geological Survey's 2025 list of 60 critical minerals, including newly added boron and copper,
of resource competition. Meanwhile, geopolitical tensions in chokepoints like the Red Sea-where Houthi attacks have forced shipping reroutes- of global trade networks. Offshore energy projects must therefore integrate robust security measures and contingency planning to mitigate disruptions.Maritime security has emerged as a cornerstone of U.S. geopolitical positioning, with contracts and operations expanding to address both traditional and emerging threats. In Q3–Q4 2025, the U.S. has
through initiatives like Operation Prosperity Guardian, responding to Houthi attacks that disrupt 12% of global shipping. Simultaneously, sanctions on Russian maritime trade and GPS jamming incidents in key ports of maritime security.The absence of UNCLOS ratification complicates these efforts. For instance, the U.S. cannot formally challenge Canada's sovereignty claims over the Northwest Passage, a critical Arctic route
. This legal limbo contrasts with China's use of UNCLOS to justify its South China Sea claims, in U.S. maritime diplomacy. To address these gaps, the U.S. is investing in technologies like the Polar Security Cutter (PSC) and environmental modeling systems to enhance Arctic capabilities . Investors in maritime security contracts should monitor how these initiatives evolve in tandem with broader geopolitical shifts.The U.S. blue economy stands at a crossroads, where historical policy frameworks like UNCLOS intersect with emerging investment opportunities. While deep-sea mining and offshore energy projects promise significant returns, they are inextricably linked to geopolitical risks and legal uncertainties. Maritime security contracts, meanwhile, underscore the U.S.'s role in safeguarding global trade but highlight the limitations of its current legal standing. For investors, the key lies in aligning with strategies that balance innovation with multilateral cooperation, ensuring that the blue economy remains both resilient and equitable in an era of rising tensions.
Blending traditional trading wisdom with cutting-edge cryptocurrency insights.

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