Category Archives: LOST
The Law of the Sea Treaty, formally known as the Third United Nations Convention on the Law of the Sea, or UNCLOS III, was adopted in 1982. Its purpose is to establish a comprehensive set of rules governing the oceans and to replace previous U.N. Conventions on the Law of the Sea, one in 1958 (UNCLOS I) and another in 1960 (UNCLOS II), that were believed to be inadequate.
Negotiated in the 1970s, the treaty was heavily influenced by the “New International Economic Order,” a set of economic principles first formally advanced at the United Nations Conference on Trade and Development (UNCTAD). That agenda called for “fairer” terms of trade and development financing for the so-called under-developed and developing nations.
Another way the New International Economic Order has been described is “redistributionist.”
The Law of the Sea Treaty calls for technology transfers and wealth transfers from developed to undeveloped nations. It also requires parties to the treaty to adopt regulations and laws to control pollution of the marine environment. Such provisions were among the reasons President Ronald Reagan rejected the treaty in 1982. As Edwin Meese, U.S. Attorney General under President Reagan, explained recently, “…it was out of step with the concepts of economic liberty and free enterprise that Ronald Reagan was to inspire throughout the world.”
Today, the Senate has two hearings scheduled on the Law of the Sea Treaty (LOST). The Senate will have had three hearings on the LOST after today—yet, not for the purposes of educating Senators on the flaws versus the benefits of the treaty. These hearings are a pretext for a lame duck strategy to railroad the treaty through the Senate after the November election.
The first hearing today is titled “Perspectives from the U.S. Military.” Witnesses include Admiral James A. Winnefeld, Jr, Vice Chairman of the Joint Chiefs of Staff, and representatives from other government stakeholders in navigation on the high seas. The question that these witnesses can’t sufficiently answer is, “What can’t you do today, because of the LOST, that you could do if the treaty were to be ratified?” The answer is nothing.
Heritage’s Kim Holmes, former Assistant Secretary of State for International Organization Affairs, wrote for The Washington Times last year that the navigational provisions in the treaty are not necessary.
The treaty’s navigational provisions offer nothing new. Yes, the U.S. Navy says (LOST) might improve the “predictability” of these rights, but does the Navy’s access to international waters really depend upon a treaty to which we are not even a member? The last time I checked, the U.S. Navy could go anywhere it wanted in international waters. Though redundant, the navigational provisions of (LOST) are actually pretty good. That’s why President Ronald Reagan supported them. But Reagan and others objected to the unaccountable international bureaucracy created by the treaty.
The second hearing today will include former Secretary of Defense Donald Rumsfeld, Heritage Foundation expert Steve Groves, former Deputy Secretary of State John Negroponte, and former Legal Advisor at State John B. Bellinger, III. This hearing will be an excellent opportunity for the opponents of LOST to make the case that this treaty is flawed.
The bottom line is that Senator John Kerry (D–MA) has been stacking hearings in favor of proponents of LOST. The first hearing this year included Secretary of State Hillary Clinton, Secretary of Defense Leon Panetta, and General Martin Dempsey, Chairman of the Joint Chiefs of Staff.
As I wrote in an op-ed at Townhall, opponents of the treaty made a strong case against ratification.
Sen. Bob Corker (R-Tenn.) professed to be starting from a neutral position vis a vis ratification. Directing a query to Ms. Clinton, he said, “A lot of people believe that the administration…wants to use this treaty as a way to get America into a regime relating to carbon, since it has been unsuccessful doing so domestically. And I wonder if you might respond to that.” Ms. Clinton’s response? She said she has a legal analysis that knocks down that argument. But not all Americans are willing to rely on a politically driven legal memo from the Obama Administration as a guarantee that this treaty will not empower the International Sea Bed Authority to force regulations on American business. Those seeking certainty on this vital issue would rather take a pass on the treaty than take a chance on Ms. Clinton’s promises.
Senators Mike Lee (R–UT) and Jim Risch (R–ID) expressed dissatisfaction with the Administration’s alleging that opponents of the treaty were engaging in “misinformation” and “mythology.” Risch argued that “you addressed the people who oppose ratification of the treaty, and…I hope you weren’t scoffing at us.” Proponents have engaged in name calling to avoid the central issues to be considered before ratification.
These hearings are intended to show that Senate Foreign Relations Committee Chairman Kerry allowed conservatives to have their say before the lame duck strategy is implemented. The deck has been stacked, with two hearings in favor and one with a 50–50 split between proponents and opponents. Kerry used a similar strategy the last time the Senate considered the LOST.
Make no mistake; these hearings are part of the strategy of the treaty’s proponents to wait until after the election to push through LOST—in November or December of this year when the American people have no recourse against this offense against American sovereignty.
- Law of the Sea Treaty: A Tool to Combat Iran, China, and Russia? or Redistribution of wealth (mb50.wordpress.com)
- The Republicans’ secret weapon on LOST: information (humanevents.com)
- Colin Hanna: Congress needs to tell Law of the Sea Treaty to get lost (junkscience.com)
- Obama Seeks Ratification Of Power-Grabbing Law Of The Sea Treaty (mb50.wordpress.com)