W. T. Burke

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These comments focus on the most significant feature of Part V of the Restatement (Third) of Foreign Relations Law -the mistreatment of customary international law. Whether uniform state practice comprising customary law exists, and what that practice entails, are significant questions for critical law of the sea issues such as navigation rights. These questions are important because the 1982 Convention on the Law of the Sea, nearly seven years after adoption, still has insufficient ratifications to come into force. The importance of these questions of customary law has increased in light of U.S. rejection of the Convention. In general belief, the Convention's provisions on navigation are of special benefit to U.S. interests. Despite this benefit and other advantages conferred upon it by the Convention, however, the Reagan Administration announced U.S. rejection within a few months of the Convention's overwhelming adoption.

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