of what the
law actually is." As to the relevance of UNCLOS, see also the Restatement of the
Law, Third, Foreign Relations
Law of the United States, on customary international
law generally, and in partlicular, section 102: "International Agreements constitute the practice of states and as such contribute to the growth of customary
law...Some multilateral agreements may become
law for non-parties who do not actively dissent. That may be the effect where a multilateral agreement is designed for adherence by states generally, is widely accepted, and is not rejected by...