The Bush Administration has renewed its 2004 request that the Senate ratify the United Nations Convention on the Law of the Sea (UNCLOS). While UNCLOS contains provisions that would be marginally beneficial to the U.S. Navy, other provisions of the treaty, such as those regarding the settlement of disputes, royalties on the exploitation of resources on the deep seabed, and the empowering of an additional U.N.-affiliated international bureaucracy, pose far greater risks to U.S. interests. The United Nations Convention on the Law of the Sea is likely to have unintended negative consequences for U.S. interests. Nothing has occurred since 2004 that should lead the Senate to reverse its earlier decision to decline to take up the treaty.
Much to Lose, Little to Gain ...
One example of U.S. interests being thwarted by bloc voting is the new U.N. Human Rights Council. The U.S. was a strong proponent of creating a new body to replace the discredited U.N. Commission on Human Rights, which had became a haven for human rights abusers to protect one another from scrutiny and censure. Once locked into negotiations over the specifics of the new council, however, the U.S. was repeatedly outnumbered and isolated. As a result, the council has minimal requirements for membership, and China, Cuba, Pakistan, Saudi Arabia, and other repressive states have won council seats. Unsurprisingly, the council has performed just as badly, if not worse, as its predecessor, and the U.S. has declined even to seek a seat on it.
Further, U.N.-related multilateral treaties often create unaccountable international bureaucracies. The UNCLOS bureaucracy is called the International Seabed Authority Secretariat, which is headed by a secretary-general. The Secretariat has a strong incentive to enhance its own authority at the expense of state sovereignty. Thus University of Virginia School of Law Professor John Norton Moore describes this sort of treaty as a “law-defining international convention.” The law that is being defined and applied by international bureaucrats is one designed to govern the actions of the participating states, not to serve their joint interests. For example, a provision of UNCLOS that would impose direct levies on the revenues of U.S. companies generated through the extraction of resources from the deep seabed reveals this bias against state sovereignty.
... there is much more to this long article of great importance and significance. It would be wise to be aware of these non-descript treaties slipping in under the radar. Ignoring them will be our doom.
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