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The Ultimate in Paper Guarantees

(Page 2 of 2)

Environmentalist activists also look forward with anticipation to using LOST Article 207, which directs countries to "adopt laws and regulations to prevent, reduce and control pollution of the marine environment from land-based sources." When questioned, treaty advocates claim the provision is merely hortatory, without effect. Yet it already has occasioned litigation between Ireland and Great Britain. 

Indeed, Citizens for Global Solutions and the World Wildlife Federation have promoted the convention as a means to stop Russian pollution in the Arctic. They have yet to explain how the convention could bind Russia but not America. In fact, in a private email mistakenly sent to me, one LOST lobbyist warned his colleagues that it would be difficult as a result to allay "conservative fears" of the treaty being "some kind of green Trojan Horse."

No wonder Bernard Oxman of the University of Miami warned LOST backers to shut up about their plans for the future. He explained: "it is essential to measure what we say in terms of its effect on the goal. Experienced international lawyers know where many of the sensitive nerve endings of governments are. Where possible, they should try to avoid irritating them."

Finally, the UN's own Division for Ocean Affairs and the Law of the Sea proclaims that LOST is not "a static instrument, but rather a dynamic and evolving body of law that must be vigorously safeguarded and its implementation aggressively advanced." If you like activist judges at the national level, imagine what you will get at the international level.

Before the Senate rushes to bind the U.S. through the Law of the Sea Treaty, members should consider the trade-off they are being asked to make. The convention offers paper benefits but imposes real costs. It's a deal only a pirate could love.

Page:   12

Letter to the Editor

Doug Bandow is a senior fellow at the Cato Institute. A former Special Assistant to President Ronald Reagan, he is the author of Beyond Good Intentions: A Biblical View of Politics (Crossway).

Comments

Paul Crowley| 4.17.09 @ 6:58AM

=>“The Law of the Sea Treaty is the last thing that will keep the world safe from piracy -- or Chinese harassment of U.S. Navy ships.” [The American Spectator homepage]

The Law of the Sea Treaty, as usual for these documents, is facilitating a good many problems, and potential future crises, around the world.

These two are not examples of them.

Opportunity beckons!

Paul Crowley| 4.17.09 @ 8:00AM

=>“keep the world safe from . . . Chinese harassment of U.S. Navy ships.” [The American Spectator homepage]

Ahhhhhh, the poor darlin’s. . .

Are American sailors, and the sailorettes that ‘love them,’ traumatized by the big, bad, Red Chinese fishing trawlers in the Yellow Sea, East China Sea and South China Sea?

It’s enough to Make One’s Blood Boil!

Young Americans should ponder it. . .

How did pre-reformed-America American sailors ever manage during the Cold War (1946-89)?

And not just such as the two Formosa Straits crises, 1954-64, where the first thermo-nuclear guided missiles were put on American surface warships heavy cruisers), and where Americans were actually fired upon at times, or such as the Liberty indicident of 1967 or the Pueblo incident of 1968. . .

But, also the routine operations at sea during phase II of the Cold War, 1971-89.

The ubiquitous Soviet-Russian trawlers shadowing American ships and task groups throughout the central and western Pacific and Indian Oceans (so much comm gear for a 'fishing smack!'), the Rules-of-the-Road right of way harassment (‘Games of Chicken’ played between American warships with Russian Guided Missile Destroyers & Cruisers, with rapid and continuous course changes, at 25-30 knot speeds, each passing close-abreast to each other. . . ), the 'love tap’ by a Soviet ship of an American Guided Missile Cruiser (the Soviet vessel giving a
‘bump’) in the Black Sea. . .

The Soviet-Russian Naval Brigades [comprised of squadrons of Bear bombers, Badger fighter-bombers, and MiG fighters (foxbats, floggers. . . )] designed and developed to destroy American aircraft carrier task groups (A.K.A., Battle Groups), using American
aircraft carrier task groups for applied training, research & development, and practice, while, simultaneously, American aircraft carrier groups, combined with shore-base naval aircraft, trained to destroy Soviet-Russian Naval Brigades, using each other for practice, in the western Pacific.

Soviet-Russian Naval Brigades and American aircraft carrier task groups, each, respectively, no doubt (but 'neither confirmed nor denied') carrying thermo-nuclear weapons with more combined destructive
power than is held by the WHOLE of the Democratic People’s Republic of Korea (DPRK) (A.K.A. North Korea) today.

An interesting fact:

There were more actual air-to-air battles fought between American naval aviators and foreign pilots flying Soviet-Russian made warplanes, 1971-89 then
there have been air-to-air battles in which Americans have fought AT ALL, 1994 to present (2009). Peace Time was more dangerous for American naval aviators than the pseudo ‘War Time’ of 1995-2009 has been.

[The "fighting women" aviators (which don't exist) of our reformed air forces haven't gotten a chance to do any].

***
Can anyone blame at least some of us older Americans, especially those of us who participated directly in the old Cold War games, pondering the state of the new, reformed America (“USia?”), today, in the post-911 phase of our post-Cold War (1946-89) New World Order?

The new-reformed Americans are so easily Taught To cringe in fear, and effectively bark like Cornered Little Dogs, at the mere mention of North Korean Missiles (ooohhhhh) . . .

Those Red Koreans may fire one at post-reformed-America, “USia!”

[And, It Would Be the Last Thing that miserable little country Ever Did].

The new-reformed Americans are now so easily Taught To effectively bark like Cornered Little Dogs, at the mere mention of Chinese fishing trawlers “harassing” American spy vessels, in the Yellow Sea, the East China Sea, and the South China Sea SPYING on the People’s Republic of China (PRC).

Is it any wonder that some of us wonder at the sight of post-reformed Americans crying out “protest us, protect us,” when we remember the days when the majority of American men were vetarans with prior military service (a rapidly shrinking sub-group of the American population)?

Is it any wonder that some of us ex West-Pacers, who took part in patroling the waters of the western Pacific and Indian Oceans, wonder at the sight of the post-reformed American population reduced to ‘sugar candy-a**es’ and rubes?

But, wait!

On The Other Hand, who are we to talk?

After all, none of us ex West-Pacers ever had to deal with the HORROR of Chinamen on crummy little fishing trawlers, in the Yellow Sea, the East China Sea, or the South China Sea, mooning us!

Paul Crowley| 4.17.09 @ 8:15AM

This is a different country (an understatement, 'to say the least').

There's no lack of courage or even of desire to the good and descent among much of our youth and our population. But the constant stresss and misdirection applied. . .

‘Chicken Hawks’ (“parlor jingoes” to use Teddy Roosevelt’s phrase) and militarized-rubes cheering raw, naked aggression and torture, and ‘sugar candy-a**es’ and rubes cheering them on [to the Left of us, to the Right of us, “liberals,” “conservatives,” and 'libertarian opportunists’ (the worst of both), all around us].

“No Country For Old Men.”

[or middle-aged either]

Something worth-while could have been done with that title.

Too bad that nothing was in the movie with that name.

No country fit for human beings, as now reformed, and being further reformed.

God help the United States of America (U.S.A.).

Paul Crowley| 4.17.09 @ 8:19AM

=>“The CATO Insitute loves pollution and wishes the treat the planet like one big sewer. Undoubtedly Doug Bandow is a teabagger!” [David Mathews| 4.17.09 @ 7:46AM]

The Cato Institute is libertarian.

A creation of the self-named "paleo-libertarians."

There is NOTHING conservative about libertarians.

Thomas| 4.17.09 @ 10:48AM

Somehow the comments on this went astray. The truth is that LOST is a terrible treaty for the United States. It would cede establish rights of passage in international waters to a bureaucracy run by a committee that is essentially answerable to no one. The seabed development clause and the Enterprise clause effectively places the entire seabed under the direct control of an autonomous international body that is not only charged with granting "permits" for seabed development, but is empowered to remove seabed mining operations from companies that have developed them and grant the developed operations to another company, on a whim. The passage clauses limit access to naval vessels that does not exist today [Somalia pirates, not being "government warships" would be granted access to the Gulf of Aden while U.S. naval vessels might not]. The pollution clauses would effectively grant the LOST bureaucracy far reaching control over the economic operations in all countries. If any source of "pollution" in the sea can be traced, in any manner what-so-ever, to operations far from the shoreline of a nation, that activity can be regulated by the committee. An international committee could order a halt to powerplant operation along the east coast if "pollution" from their operations was found in the sea.

The worst part is that only the law abiding signatories of the treaty, such as the U.S., would adhere to its provisions. Just a with the Kyoto Accord, nations, such as the PRC, will disregard whatever provisions of the treaty that they do not want to follow.

This is a bad treaty for U.S. interests.

Big Leo| 4.17.09 @ 2:54PM

Does not wanting to sign a treaty that is being ignored by the people who already signed it make me a conservative?

Pingback| 4.18.09 @ 1:43AM

The Ultimate in Paper Guarantees links to this page. Here’s an excerpt:

…the Law of the Sea Treaty, members should consider the trade-off they are being asked to make. The convention offers paper benefits but imposes real costs. It’s a deal only a pirate could love. Read More Share and Enjoy: Related posts: No Chicken Little My friend Bill Evans, President of Evans Glass here in... Doddering at Sixty The core element in the American relationship with Europe... The Sinking…

Paul Crowley| 4.18.09 @ 7:13AM

How did the comment by David Mathews [| 4.17.09 @ 7:46AM] get removed?

How does one remove a comment that's been posted?

Paul Crowley| 4.18.09 @ 8:19AM

=>“The truth is that LOST is a terrible treaty for the United States.” [Thomas| 4.17.09 @ 10:48AM]

Hi Thomas:

I agree that LOST appears to be a terrible treaty PERIOD].
(I claim no expertise and go by what I’m aware of, thus far).

But I don’s necessarily agree for all of the reasons that you’ve listed here.

My concern is over the potential conflicts that LOST is facilitating.

As usual for these kind of treaties, there are way too many ambiguities due to the phrasing: The usual kind of phrasing that is formulated in a manner in which everyone can agree, but that often defines little, clearly.

The kind of items that will lead unavoidable lead to disputes and problems later and require clarification and resolution (which is the nature of all treaties and the reason for courts, international or otherwise).

However, what I find most disturbing, is that in some instances, rather than clarifying questions over sovereignty over maritime regions, the treaty’s definitions only confuse and confound issues further (Japan and Korea and the islands in the straits between them, being an example, among others, that has already been raised and caused a public stir).

->“This is a bad treaty for U.S. interests.” [Thomas| 4.17.09 @ 10:48AM]

The ambiguous 'catch all' phrase, “U.S. Interests,” is, I believe, one of the most destructive phrases in
the English today. There are others and Matthews in the comment he posted, that's now been removed, used some common to the left.

Paul Crowley| 4.18.09 @ 8:26AM

=>“It would cede establish rights of passage in international waters to a bureaucracy run by a committee that is essentially answerable to no one.” [Thomas| 4.17.09 @ 10:48AM]

Hi Thomas:

I don’t entirely agree with this.

“Established rights,” or what are claimed as such, are usually what drive nations to form these international agreements and what international law suits are usually all about.

What one country claims as an “established right,” but that is contested by another, or denied to another. Add in self interest and geo-politics, and what are claimed as “established rights” can be made into a mess, even a war, very rapidly. Which comes
back to the issue of definitions and the ambiguities that I cite as my concern above.

In fact, the allegation of "The American Spectator" of "Chinese harassment" of American naval vessels. The PRC alleges harassment by the U.S.A. via American its naval vessels, that threaten its physical security (not unreasonably, or without some valid points and considerations).

->“a bureaucracy run by a committee that is essentially answerable to no one.” [Thomas|
4.17.09 @ 10:48AM]

I think that this is more an issue of what one thinks of the structure of the United Nations
organization (UN) and international law.

The latter has been in continuous development of being codified, and standardized, for about the last 110 years. The former has been a part of that development since the UN was established in San Francisco in the spring of 1945.

Paul Crowley| 4.18.09 @ 8:44AM

->“The passage clauses limit access to naval vessels that does not exist today [Somalia pirates, not being "government warships" would be granted access to the Gulf of Aden while U.S. naval vessels might not].” [Thomas| 4.17.09 @ 10:48AM]

Hi Thomas:

This is completely unrealistic, to the point of fantasy.

Somalia pirates being granted access to the Gulf of Aden and U.S. naval vessels denied such access, is, I believe, entirely unrealistic, as a concern.

Who would ENFORCE such a decision?

Where would the naval and air forces to do so come from?

Certainly the UN Security Council would not issue a resolution for such an action. Not so long as the U.S.A. retains a permanent veto on the UN Security Council, along with the other Five Powers (Britain, France, Russia and the PRC).

To my knowledge, no military force has been used on the basis of a General Assembly resolution since 1950 when, after return of the Russians to the Secutiry Council, a General Assembly resolution was used as the basis for the American-led UN Command to lauch its offensive into North Korea for purpose of unifying the peninsula.

Look at the world’s naval powers: The U.S.A., Japan, and the countries of the EU are the only real navies in existence today. The PRC and India are both rapidly developing navies and air forces.

Japan and the EU countries are allied with America.
India is a part of the British Commonwealth.

The American, EU, and Japanese navies all operate together.

The Indian navy (now undergoing rapid expansion, including aircraft carriers) has taken part in exercises with this allied group since at least 1972.

Add in the SEATO countries, which now includes Vietnam, and NATO, and one has a naval and military alliance that is dominant in the whole of the Indian and Pacific Oceans.

An alliance that covers the whole of the periphery of the continent of Asia, from southwest Asia (Gulf of Aden, Arabian Sea, Persian Gulf), across the Bay of Bengal, through the straits (Malacca and Lombok. . .) into the Pacific Basin, up through the South China Sea, East China Sea into the Sea of Japan.

These navies patrol this entire region, routinely. The Japanese now explicitly, and in practice, bear the majority of the responsibility in the northwest Pacific.

This represents a combination of naval & air power that are effectively represented by 3 of 5 of the Great Powers on the UN Security Council with permanent veto authority (the U.S.A., Britain, and France).

This is the only bloc of countries that have the capability of projecting Sea Power, and maintaining the sea lanes, world-wide.

Neither Russia nor the PRC have naval forces with the capability to project such sea power and are mainly limited to protection of their own territorial waters.

Somalia pirates being granted access to the Gulf of Aden and U.S. naval vessels denied such access, would require the order of the UN Security Council, the U.S.A., Britain, France, Russia and the PRC, all in agreement, along with the lesser temporary members, and then the combined navies of the U.S.A., its allies and satellites, to ENFORCE this provision against the U.S. Navy.

Good luck.

Paul Crowley| 4.18.09 @ 9:06AM

=>“Does not wanting to sign a treaty that is being ignored by the people who already signed it make me a conservative?” [Big Leo| 4.17.09 @ 2:54PM]

Hi BL:

If this question was directed to Dave Matthews and his comment that he posted:

[David Mathews | 4.17.09 @ 7:46AM].

Then somehow his comment was removed.

I don’t know how one can be able to go about doing that.

I thought that the comment was ridiculous, but If you'd like, then I can re-post it in its
entirety, for reference sake.

If it’s directed to me and my statement about libertarians, then, my comments were directed to Matthews’ comment. He gave some general blather about “conservatives, the treaty, and stated:

“The CATO Insitute [sic] loves pollution and wishes the treat the planet like one big sewer. Undoubtedly Doug Bandow is a teabagger!”

To which I replied only the obvious:

“The Cato Institute is libertarian.

A creation of the self-named ‘paleo-libertarians.’

There is NOTHING conservative about libertarians.”

***
As to your question, then I would say that “not wanting to sign a treaty” due to believing that it “is being ignored by the people who already signed it” (an allegation, no doubt denied by those being so accused, and that I allude to in my comments to Thomas, regarding my dislike of the LOST treaty) would not be enough to determine what one is in this regard, one way or the other.

A Marxist could hold the same position as you do, and there’s certainly not nothing conservative about Marxists, no?

Paul Crowley| 4.18.09 @ 10:29AM

=>“A Marxist could hold the same position as you do, and there’s certainly not nothing [sic] conservative about Marxists, no?”

Another typo. Sorry about that.

Correction:

Just as there’s nothing conservative about libertarians, or the libertarian-creation, the CATO Institute, there’s certainly nothing conservative about Marxists, no?

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Doug Bandow » Blog Archive » Say No to the Law of the Sea’s Paper Guarantees links to this page. Here’s an excerpt:

…environmental provisions which might encourage new forms of international litigation.  A few paper benefits versus substantial real costs.  The decision shouldn’t be hard.  As I argue in American Spectator online, the Senate should say no to LOST. Post a Comment Name (required) E-mail (will not be published) (required) Website Doug Bandow is Vice President of Policy for Citizen Outreach, a…

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