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Tuesday, April 21, 2009
Ed Feulner :: Townhall.com Columnist
Keeping LOST Underwater
by Ed Feulner
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Some things are quintessentially American. Consider the rescue of Captain Richard Phillips by Navy SEALs.

Bobbing on the open ocean, our servicemen required just three shots to kill three pirates almost simultaneously. It was an audacious display of marksmanship and skill. Few other nations could even dream of mounting such a rescue, let alone pull it off seamlessly.

So why are many of our leaders intent on compromising our military’s ability to act decisively and effectively at sea?

For years, activists have been encouraging the United States to sign the Law of the Sea Treaty (LOST), a measure rightly vetoed by President Reagan decades ago and rejected by American leaders ever since. Now, the treaty has a friend in the White House.

“I will work actively to ensure that the U.S. ratifies the Law of the Sea Convention,” candidate Barack Obama told the group “Scientists & Engineers for America” last year. He called the treaty “an agreement supported by more than 150 countries that will protect our economic and security interests while providing an important international collaboration to protect the oceans and its resources.”

The treaty purports to protect the world’s oceans. Ironically, though, it could make the high seas even more dangerous.

LOST would create a new U.N. bureaucracy called the International Seabed Authority Secretariat. How effective would the Secretariat be when it comes to security issues? Look no further than the U.N.’s toothless response to North Korea’s recent missile launch.

Pyongyang’s actions clearly violated a 2006 U.N. resolution that barred it from firing ballistic missiles. How did the world body respond? The U.N. Secretary-General said the launch was “not conducive to efforts to promote dialogue, regional peace and stability.” No kidding, Dirty Harry. The Security Council, meanwhile, mildly condemned the launch and told North Korea not to do it again.

And the North Koreans? They simply declared they would restart their nuclear program. “We have no choice but to further strengthen our nuclear deterrent to cope with additional military threats by hostile forces,” the country’s Foreign Ministry announced.

There’s no reason to expect the U.N. to do a better job of deterring pirates than it does deterring North Korea’s nuclear ambitions. In fact, it’s likely to be even more ineffective against ocean raiders than it is against atomic rogue states.

A nuclear program, after all, is expensive and involves many fixed assets. But pirates work in small teams aboard tiny boats on vast oceans. They can strike, quickly collect a ransom and disappear before U.N. bureaucrats even have time to book suitable accommodations at a beachfront hotel.

Had the United States been party to LOST, could our military’s hands in the Phillips’ rescue have been tied? According to The Wall Street Journal’s Bret Stephens, the treaty “enjoins naval ships from simply firing on suspected pirates. Instead, they are required first to send over a boarding party to inquire of the pirates whether they are, in fact, pirates.”

The ambiguities in LOST could lead to international institutions second-guessing the U.S. In this case, the question is whether or when lethal force is appropriate when responding to acts of piracy.

The convention would also require the U.S. to change other military practices. For example, we’d be limited in our ability to collect intelligence at sea. So much for the moment-to-moment updates the SEAL team relied on.

We’d also lose our Navy’s freedom of movement. Article 20 of LOST would require American submarines, for example, to travel on the surface and show their flags while sailing within another country’s waters. So pirates could confidently evade our Navy by simply ducking into any country’s territorial waters.

There’s no downside to telling the treaty’s proponents to, well, get lost. Without it, American ships will still enjoy freedom of movement and our Navy has the freedom to act to protect them -- and any other vessels legally plying the seas.

The world needs an empowered American military, not a U.N. bureaucracy, to protect commerce at sea.

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About The Author
Dr. Edwin Feulner is president of The Heritage Foundation, a Townhall.com Gold Partner, and co-author of Getting America Right: The True Conservative Values Our Nation Needs Today .
 
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What if the pirates answer "well, no"?
"the treaty “enjoins naval ships from simply firing on suspected pirates. Instead, they are required first to send over a boarding party to inquire of the pirates whether they are, in fact, pirates.”

That would certainly be my response and I'm think the treaty probably has something to say about that -- like, your hands are now tied because they are not in fact pirates and are just really friendly guys with guns who are just enjoying Capt. Phillips' company too much to let him go. No harm in that, right?

Lilly, Here's a Better Analogy
Lilly, it's 2am and your house is being robbed. You call 911. But you live in Mayberry in the 1960s. Now respondiong toyour call of armed robbers in your home is either Sheriff Andy, (US NAVY) or Deputy Barney Fife (UN).
(Actually I think it's be more like it was when they deputized Otis the town drunk, as the UN.)

Take a deep breath and check some facts
A couple items regarding this post and comments:

First, the Convention does NOT require a boarding party be sent to check the status of a pirate vessel. Any strong evidence will do - description from an attacked vessel, photographs, radar traces after a vessel departs an area, information relayed from drones, etc. Of course you can't just indiscriminately start shooting at ships and boats, but there is ample power to capture, try and punish pirates. In this area the LOS Convention is the same as in the 1958 Convention on the High Seas and in customary law before that. The quote from Bret Stephens' article, while convenient, is dead wrong. Appearing on the editorial page of the Wall Street Journal doesn't change that fact.

Second, the Seabed Authority has no authority over issues such as North Korean Weapons or piracy because we want it that way. The ISA's only job is to promote and manage the exploration and development of minerals of the seabed beyond national jurisdiction. It doesn't have authority over the water column on the surface or on the continental margin. Beyond that, the United States will have a veto over the rules of the ISA and its budget.

Third, the right of US ships to pass through the territorial sea of other states is an essential freedom of the sea, as is the right of the United States to prohibit foreign submarines from operating submerged in US waters. I’m surprised to see conservatives attack the right of innocent passage and its restrictions, both because it is important to US naval and maritime shipping and because it has been important to the United States for as long as we have been a nation. Opposing the right of international passage, and the requirement that foreign submarines operate on the surface, it a truly radical idea, and a bad one too.

Overall, today's column has a poor rationale for opposing the LOS Convention, and especially for attacking the right of innocent passage.

Analogy without antecedent
Jeff, interesting analogy, but the LOS Convention doesn't provide for a UN response - it only reconfirms the rules that have been in place for ages by which nations act to combat piracy. There is no UN bureaucracy in the LOS convention to deal with piracy because we didn't, and don't, want one. The Convention restates the rules from the 1958 Convention on the High Seas under which we have operated for half a century. If the piracy provisions are a reason to oppose the LOS Convention, then opponents should be calling for the US to denounce the 1958 Convention as well.

The Obamabots
Will tell enourmous lies about it, declare the ocean on the brink of total collapse, demand it must be implemented to save the oceans, and then whine until the evil one declares it his new world law.
Of course the fallout won't matter, they will lie about it reducing freedom all across the globe and neutering our navy, and claim anyone thinking it's part of a new world order control plan, insane.
Then you'll ask them if it controls our Navy, from a worldwide stand, by a world body, and they'ell ignore you. Moments later they will scream imperialist and claim you want to destroy all the life in the oceans worldwide and melt the planet with global warming.
Ten thousand insane lunatics who all believe the very same thing will shriek the discussion is over and worldwide consensus has been reached by all caring people and scientists and lovers of human kind.
Barry will take his personal love me forever moron world tour winnners lap, and praise himself and his hope and change, and claim he was only 5 years old when the bad stuff on the high seas happaned, so don't blame him.
The rest of us, the sane people, will want to kill many.

Call to action/No internet
Shutting down the internet.........yes obama-nation wants to do this

letters to my senator: About S. 773 & S. 778

These senate bills will give obama the authority to shut down free speech on the internet, email and call your senators. Google S. 773 and S.778 and get the truth.

With the passage of the bills, S. 773 and S.778, will end free speech as we know it protected in the constitution.

Our constitution is under attack daily that makes an Obama dictatorship more likely.

Please stand-up for the citizens that believe in the truths set down by our founding fathers, that we are a nation founded under God, not a man to have this much control over her citizens.

Please stand up for us, that is why you were voted in.

North Korea
"And the North Koreans? They simply declared they would restart their nuclear program. “We have no choice but to further strengthen our nuclear deterrent to cope with additional military threats by hostile forces,” the country’s Foreign Ministry announced."

Who in their right minds would even WANT to take over North Korea? Their people starve, they have nothing there of value, and they expect someone to invade them? It would cost more to take care of the country than anyone could hope to get from it. They need the nukes to protect themselves from invasion?

Even commiequeers agreed with Reagan
on LOST, as I saw in a 1976 issue of one of their ragsheets (specifically a Mumbai area print of "Blitz" which had been used for wrapping the bhel which I had purchased)--which shows just how egregious the treaty was/is from the get-go!

45 Caliber, just like Iran needs nuclear
enegy for electricity!

45cal
NorK is in the shape it is because the USSR looted all the factories, stripping them down to the bare walls and taking the light fixtures, etc. Before that, NorK was an industrial powerhouse.

That was years ago, though. They have to get rid of that fat little rat in power. Better yet, throw him in the stew pot.

I'M ALREADY
PO'd that the Canadians recently interrupted a hijacking and then let the pirates go, instead of killing them on the spot. That's the great thing about catching armed robbers, or midnight burglars in the act.
You just kill them out of hand, no trial, no sentencing. I would never take a terrorist prisoner except for his intelligence value, and you may be sure that there is no upper, or lower limit on the actions I would take to get that information. If there are those that don't like my attitude, toughf, as they say.

UN again and again
will attempt to undercut sovereignty, and we have enough trouble with that from our own federal over-reaching government! We need to retrench locally, and insist on autocracy at every level closest to our individual "selves", in order to maintain Liberty, in its truest form! The City or Township needs to operate under the laws of the State, and County! We need to get education and health care right through innovation spurred by competition for profit, and keep our family units working!

That said, we need a few square miles of Manhattan back, we need respect through strength, and billions of dollars spent in appeasement through that clearinghouse diverted to tax breaks that spur spending! We need to encourage people who want to "paddle their own canoe", and encourage them in charity to their brethren. Share our national wisdom and experiences, be charitable through open charities, not government coercion.

The US Navy should be, as the strongest force on the seas, the best big brother in the schoolyard to every victim of crime. If Britain wants the gig, fine, all they have to be is the best! There will be disputes among nations, sure, but the idea that anything occurring at the UN reduces that incidence is naive at best, and ignorant, in truth! The UN needs to follow the League of Nations into the mist!


For WI Jeff
Actually, the analogy fails since the UN would be more like the armed robbers than like Barney or even Otis!
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