Iain Murray Lost on UNCLOS
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Over on the Corner, Iain Murray serves as a willing conduit of misinformation on the Convention on the Law of the Sea. Here's a quick rebuttal.

1) "LOST threatens U. S. sovereignty...Once the U. S. became a party to the treaty, any number of issues could be adjudicated by a LOST tribunal. Jurisdiction over anything that affects the oceans directly or indirectly could be asserted."

In fact, the United States insisted during the treaty negotiations that arbitration be the default mechanism by which disputes are negotiated. Further, the issues that can be arbitrated are very circumspect, namely, when two countries have a competing claim in the deep sea (which is considered ocean that is beyond 200 miles from the shore of any member state). Further, anything the United States deems a "military activity" is exempt from LOS-related dispute resolution mechanisms.

2) "LOST would be a big step toward United Nations global governance. The treaty's reach extends far beyond international issues and disagreements into nations' internal policies on a wide array of issues. The treaty's structure is designed to replace national decision making with UN decision making on these issues."

This is simply not true. The treaty creates a new organ called the International Seabed Authority, located in Kingston, Jamaica. The United States wields an effective veto over this body. Any issue that comes up that may threaten American sovereignty, or be interpreted as not being in American interests, will simply be shot down by our veto. But this can only happen if the United States ratifies the treaty.

3) "For the first time, the United Nations would have international taxing authority through LOST."

This is the biggest canard being spread by the anti-UN crowd--and indeed, the myth of "UN taxes" are raised whenever the anti-UN crowd runs out of good reasons to oppose something on its own merits. I'll say this slowly: The United Nations has no jurisdiction to collect taxes from the American people. Only the IRS can do that.

4)"LOST would accomplish backdoor implementation of the Kyoto Protocol and far beyond."

If only this were true.

October 10, 2008


A U.S.-UN History Lesson in Georgia
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(The following was originally written in August 2008.)

Commentators looking to explain the recent Russo-Georgian conflict by analyzing American foreign policy have found no dearth of candidate provocations. America's support for Georgian membership in NATO, its recognition of Kosovo's independence, and its open planning to install missile defense programs in Eastern Europe all likely contributed to Russia's willingness to exert its influence in the region by force. By and large, however, these speculations have focused on the proximate causes of the past few months. The most significant American contribution to instability in Georgia, however, may actually have occurred some 15 years ago--and its story provides more resounding lessons for U.S.-UN policy than it does for U.S.-Russia relations.

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