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More on the meddling Law of the Sea Treaty

By Michelle Malkin  •  October 12, 2007 09:42 AM

I mentioned the Senate’s push for the Law of the Sea Treaty a week ago. It’s a sovereignty-undermining measure that would, as Frank Gaffney puts it, place “the U.N. on steroids by assenting to its control of seven-tenths of the world’s surface.”

Quin Hillyer weighs in today and urges conservatives to rally against the ill-advised treaty…which is embraced by President Bush:

From the U.S. Constitution: “The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made….” And: “This Constitution…and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land.”

Despite these clear constitutional provisions, the Bush administration and the Democratic congressional leadership are trying to secure ratification of the so-called Law of the Sea Treaty (LOST) — which creates an “International Seabed Authority” and an “International Tribunal for the Law of the Sea,” which set up and oversee what have been described as “mandatory dispute resolution tribunals.” Those tribunals will have jurisdiction over “protection and preservation of the marine environment.” And nations that sign the treaty “shall” (in other words, it is mandatory) “enforce” all laws necessary to “control pollution of the marine environment from land-based sources.”

In other words, any alleged sea pollution that supposedly originates from within the land borders of the United States shall be subject to legal action under the aegis not of U.S courts, but of tribunals controlled by these foreign bodies.

That certainly doesn’t sound like “sovereignty.” It doesn’t sound like U.S. courts remain “the supreme law of the land.” It doesn’t sound like our own policies concerning activity on our own lands would enjoy “freedom from external control.”

The time is short. The treaty is expected to be put forth for Senate ratification some time this fall. But conservatives, for good reason, are beginning to rally against it. If President George W. Bush continues to push LOST, he risks a repeat of the fierce internecine battle against his own base that he lost so overwhelmingly on the subject of immigration. Moving forward with the treaty would therefore be both a truly horrible policy choice and sheer political folly.

Contact the White House:


Contact Senate Minority Leader Mitch McConnell:

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