Oct 05 2007
Sovereignty LOST At Sea?
Following a White House call for approval of the United Nations Convention on the Law of the Sea, the Senate seems heading toward ratifying this long defunct treaty. So what is the Law of the Sea Treaty, what does it do and should we support it?
Simply, the treaty defines who controls the seas and its resources and provides a mechanism for resolving disputes over those issues. A certain numbers of miles off the coast of a nation belong to that nation. A certain number of miles beyond that is a province of exclusive economic, but not territorial, control for that nation. The rest, international waters, are controlled by the UN body which decides who gets to make use of its resources. In reading the text of the treaty, it doesn’t take long for the red flags to be raised. From the Preamble:
Recognizing the desirability of establishing through this Convention, with due regard for the sovereignty of all States, a legal order for the seas and oceans which will facilitate international communication, and will promote the peaceful uses of the seas and oceans, the equitable and efficient utilization of their resources, the conservation of their living resources, and the study, protection and preservation of the marine environment,
Bearing in mind that the achievement of these goals will contribute to the realization of a just and equitable international economic order which takes into account the interests and needs of mankind as a whole and, in particular, the special interests and needs of developing countries, whether coastal or land-locked,
Thanks to historic use of “equitable” as a weapon for socialists, it’s rare that it is possible for resources to be utilized both efficiently and “equitably” at the same time. The Soviet Union learned this the hard way. Whenever you see something like “equitable” used in a situation like these, ask yourself two key questions. Who decides what is equitable and how is having such authority not central planning?
And just what are the “special interests and needs of developing countries”? Are these interests in conflict with developed countries? If so, how much will we be asked to sacrifice for these “developing” countries, who always seem to be in a perpetual state of “development” and yet never manage to actually become developed?
We also see mention of environmental interests, which raises further important questions. Will these interests take precedence over all other considerations as environmentalists, usually getting their way, typically demand?
To answer at least some of these questions, let’s see what various policy experts and affected interests have to say about the treaty.
The Navy is completely supportive of the treaty. In a prepared statement before the Senate Foreign Relations Committee, Admiral Patrick Walsh, Vice Chief of Naval Operations, states simply that he supports the treaty because it “helps our Soldiers, Sailors, Marines, Airmen and Coast Guardsmen do their job,” and that he believes “our Navy can better protect the United States and the American people if we join the Law of the Sea Convention.”
Admiral Walsh notes four specific benefits, only capable of being provided by “binding treaty law”, granted by the treaty that are of benefit to our Armed Forces:
1 The Right of Innocent Passage, which allows ships to transit through foreign territorial seas without providing the coastal State prior notification or gaining the coastal State?s prior permission.
2 The Right of Transit Passage, which allows ships, aircraft, and submarines to transit through, over, and under straits used for international navigation and the approaches to those straits.
3 The Right of Archipelagic Sealanes Passage, which, like transit passage, allows transit by ships and aircraft through, over, and under normal passage routes in archipelagic states, such as Indonesia.
4 The right of high seas freedoms, including overflight and transit within the Exclusive Economic Zone.
In addition to these benefits, Admiral Walsh also points to the expansive claims of certain foreign nations:
The Convention also allows us to exercise high seas freedoms in foreign exclusive economic zones, including conducting military activities without coastal state interference. And this is important—the single most contentious issue in oceans law and policy today is the attempt by some foreign coastal States to treat the exclusive economic zone ? or EEZ ? like a territorial sea. The Convention makes clear that coastal States enjoy resource rights within the EEZ, but they do not enjoy and may not assert full sovereignty within the EEZ.
Admiral Vernon Clark, former Chief of Naval Operations, offers a similar assessment:
The Law of the Sea Convention supports our ability to operate wherever, whenever, and however needed under the authority of widely accepted law. The Convention codifies the right to transit through, over, and under essential international straits and archipelagic water. It reaffirms the sovereign immunity of our warships and other public vessels. It provides a framework to counter excessive claims of states that seek illegally to expand their maritime jurisdiction and restrict the movement of vessels of other States in international and other waters. And it preserves our right to conduct military activities and operations in exclusive economic zones without the need for permission from or prior notice to foreign governments.
Also appearing before the Senate Foreign Relations Committee, President of the Center for Security Studies Frank Gaffney warns of supranational agencies wielding too much power.
LOST?s Transnationalist architects have long sought to build up supranational agencies. This treaty allows them to do so in unprecedented ways by: conferring on LOST ?organs? responsibility for regulating seven-tenths of the planet (i.e., the world?s oceans and the vast natural resources to be found in and below them); levying what are tantamount to international taxes; and imposing mandatory and un-appealable decisions in disputes that may arise involving parties to the Treaty.
To date, the full, malevolent potential of the Law of the Sea Treaty has been more in prospect than in evidence. Should the United States accede to LOST, however, it is predictable that the Treaty?s agencies will: wield their powers in ways that will prove very harmful to American interests; intensify the web of sovereignty-sapping obligations and regulations being promulgated by this and other UN entities; and advance inexorably the emergence of supranational world government.
Heritage also warns of UN corruption:
When international bureaucracies are unaccountable they, like all unaccountable institutions, seek to insulate themselves from scrutiny and become prone to corruption. The International Seabed Authority Secretariat is vulnerable to the same corrupt practices that have been present at the U.N. for years. The most pertinent example of this potential for corruption is the United Nations Oil-for-Food scandal, in which the Iraqi government benefited from a system of bribes and kickbacks involving billions of dollars and 2,000 companies in nearly 70 countries. Despite ample evidence of the U.N.?s systemic weaknesses and vulnerability to corruption, the U.N. General Assembly has yet to adopt the reforms to increase transparency and accountability proposed by former Secretary-General Kofi Annan and others. This example is particularly pertinent considering that the Authority could oversee significant resources through fees and charges on commercial activities within its authority and potentially create a system of royalties and profit sharing.
Doug Bandow, writing for the CATO Institute, calls the treaty “collectivist in nature and inimical to U.S. interests.”
Most objectionable is Section XI, that portion of the treaty governing seabed mining. The provisions of Section XI may have the effect of forever discouraging such operations, even where there might be huge benefits. Regulations are to be administered through a complicated system of committees and agencies within the International Seabed Authority, a creation of the United Nations that has ultimate jurisdiction over the agreement.
Funding for the ISA, and for enforcement of the LOST, would flow disproportionately from the United States. The ISA?s current budget is modest, but the revised agreement changed none of the underlying institutional incentives that bias virtually every international organization, most obviously the UN itself, toward extravagance.
In his report, Bandow also points out that even with the treaty, we’ll still have to actively protect our navigation rights. The treaty has not prevented signatories - such as Brazil, China, India, Pakistan or North Korea - from making the kinds of expansive claims mentioned by Admiral Clark as a reason for ratification.
Jeremy Rabkin of the Competitive Enterprise Institute is opposed to the lose of sovereignty:
In the past, the United States has jealously guarded its national sovereignty. It has never agreed to treaties under which new standards can be imposed, without express U.S. consent, by the decision of international bureaucrats or by coalitions of hostile?and potentially hostile?nations. What the United States does do in many areas it should do in regards to this treaty?assert its rights under customary international law. The Law of the Sea treaty is not necessary to secure claims which the U.S. already makes on this basis (regarding economic rights in U.S. coastal waters and rights of passage elsewhere). It is a dangerous concession to international fashion to accept the idea that U.S. rights are dependent on the approval of shifting majorities of other nations.
The National Center for Public Policy Research raises similar objections in a recent press release.
On balance, the risks of the treaty seem to outweigh the benefits, which are marginal at best. Signing doesn’t absolve us of having to combat the expansionist claims of other nations, but will expose us to the same kind of attacks that have plagued so many other UN bodies. So much power in a regulatory body populated by the usual thuggish dictators bent on eroding American power is a prescription for disaster. Senate Republicans need to oppose this treaty and protect American sovereignty.

