Obama Good - LOST

8/14/2019 Obama Good - LOST

http://slidepdf.com/reader/full/obama-good-lost 1/44

SDI ‘08

Elections Impact – LOST

Obama Good – LOST

Obama Good – LOST.................................................................................................................................................................... ........ ......1Law of the Sea 1NC.............................................................................................................................................................................. .......2Lost Internal – McCain Opposes............................................................................................................................................................. .....32NC Impact Wall – Magnitude.............................................................................................................................................. ........ ......... .....4

2NC Impact Wall – Magnitude.............................................................................................................................................. ........ ......... .....5Taiwan 2NC....................................................................................................................................................................................... ........ ..6Bush Doctrine 2NC.................................................................................................................................................................................. ....7Bush Doctrine 2NC.................................................................................................................................................................................. ....8............................................................................................................................................................................................................... ......8Bush Doctrine 2NC.................................................................................................................................................................................. ....9Russia 2NC.................................................................................................................................................................................... ........ ....10Russia 2NC................................................................................................................................................................................. ......... ......11Russia 2NC.................................................................................................................................................................................... ........ ....12Ext - Russian Miscalc............................................................................................................................................................ ........ ......... ...13PSI 2NC.............................................................................................................................................................................................. .......14Fish/Oceans 2NC......................................................................................................................................................................... ........ ......15Lost Good – Laundry List................................................................................................................................................................ ........ ..16LOST Good – Econ............................................................................................................................................................. ......... ........ .....17Lost Good – Freedom Of Navigation................................................................................................................................................ .........18

Lost Good – Heg.................................................................................................................................................................................. ......19LOST Good - PSI....................................................................................................................................................................................... 20Lost Good – WMD Interdiction/Terrorism.............................................................................................................................................. ...21Lost Good – Arctic................................................................................................................................................................................ .....22A2: US Will Lose/Can Control Arctic Now............................................................................................................................. ........ .........23Artic Oil Impact............................................................................................................................................................................... ........ ..24Lost Good – Oil Shocks.................................................................................................................................................................. ........ ...25Lost Good – Foreign Oil Dependence................................................................................................................................................. .......26A2: Customary International Law Solves.......................................................................................................................... ......... ........ ......27A2: Customary International Law Solves............................................................................................................................................................................................................ .......28A2: Naval Force Solves......................................................................................................................................................... ......... ........ ..29A2: Empirically False............................................................................................................................................................. ........ ......... .30A2: Lost Bad – General – Impact Calc..................................................................................................................................................... .31A2: Lost Bad – General – Not Unique...................................................................................................................................... ......... .......32A2: Lost Bad – General – Internal Link Turn......................................................................................................................................... ...33A2: Lost Bad – General – Qualifications.............................................................................................................................. ........ ......... ...34A2: Allows Excess PRC Claims............................................................................................................................................................. ...35A2: Restricts Military........................................................................................................................................................ ......... ........ ......36A2: Restricts Military........................................................................................................................................................ ......... ........ ......37A2: Lost Hurts Heg – Intell Gathering......................................................................................................................................... ........ .....38A2: Lost Hurts Interdiction......................................................................................................................................................... ........ ......39A2: Lost Hurts Econ – Wealth Redistribution............................................................................................................................ ........ .......40A2: Lost Hurts Econ – Deficits..................................................................................................................................................... ......... ...41

............................................................................................................................................................................................................ .......41A2: Lost Bad – Enviro Regs................................................................................................................................................. ........ ......... ...42A2: Lost Bad – Sovereignty............................................................................................................................................................ ......... .43A2: Lost Bad – Free Market/Mining............................................................................................................................................. ........ ....44

1



SDI ‘08


Law of the Sea 1NC

( ) Dems victory key to the Law of the Sea

Dale ’08 (Jan 10th -- Helle Dale is director of the Douglas and Sarah Allison Center for Foreign Policy Studies at theHeritage Foundation. Changing the Middle East – Jan 10 th --http://www.heritage.org/Press/Commentary/ed011008b.cfm)

In some areas of foreign policy there will be a huge difference between a Democrat and a Republican in the WhiteHouse, in others not a lot. Iraq has not dominated the campaign as much as might be expected, mainly because of the emergence of a

successful military strategy — which in the words of The Washington Post, a paper that can find a dark cloud behind every silver lining,has left Iraqi cemetery workers in search of new employment.

Sen. John McCain has carried the heaviest load here of support for President Bush and for our troops. However, with the notable exceptionof Sen. Ron Paul, party lines dictate where the candidates stand. Republicans remain solidly behind Mr. Bush's strategy. Democrats wantout, though once in office, that desire will be harder to act on as the inevitable consequences become direly evident. At least until yesterday,Iran has been much less of an issue, but here former Mayor Rudolph Giuliani has taken by far the toughest stand, accusing Democrats of

being "in denial" about Iran's nuclear ambitions and considerable progress to date.

Most candidates have had something to say about Latin America. Mr. Obama of course has famously stated that he would willing to meetwith Fidel Castro, Kim Jong-il and Hugo Chavez. Few others are willing to go that far, but Democratic candidates, like Mrs. Clinton and

Sen. John Edwards, have blamed the policies of the Bush administration for being "either disengaged or bullying," driving Latin Americansinto the arms of Mr. Chavez. Republicans remain largely in support of the Bush policy, and show no signs of wanting to change the Bushadministration's tough line on Cuba and Venezuela.

Further areas where marked differences emerge center not surprisingly around multilateralism. Republicans take ahard stand against the Law of the Sea Treaty, which as Gov. Mike Huckabee has put it "would endanger both our national

security and our economic interests." Though most candidates on both sides have spoken about the necessity for international respect,

leadership and allies, Democrats almost by instinct reach toward the vocabulary of muiltilateralism whenever possible.

The Impact is Leadership, Power Projection, Prolif Terrorism and Economy

Watkins, 10/14/07 (James, Former Chief of Naval Operations, San Diego Union Tribune)

The Joint Chiefs of Staff, in a letter to the Senate Committee on Foreign Relations on June 26, also communicated the benefits that would

accompany the United States becoming party to the convention. The letter states that the convention "...furthers our National SecurityStrategy, strengthens the coalition, and supports the President's Proliferation Security Strategy. From sustaining forward deployed militaryforces, to ensuring the security of our ports and waters as well as advancing our most important economic and foreign policy objective, it isimportant that the United States become a Party to the Convention."

2



SDI ‘08


Lost Internal – McCain Opposes

McCain opposes the law of the sea

McCain, ’08 (John, quoted in Red State.com,

www.redstate.com/stories/elections/2008/mccain_would_oppose_law_of_the_sea_treaty )

There’s more encouraging news today about mounting Republican opposition to the Law of the Sea Treaty . Sen. John McCain told bloggers this morning that he would oppose the measure if it came to the Senate floor as it currently exists.I’d like to make some changes to it. I think that we need a Law of the Sea. I think it’s important, but I have not frankly looked too carefullyat the latest situation as it is, but it would be nice if we had some of the provisions in it. But I do worry a lot about American sovereigntyaspects of it, so I would probably vote against it in its present form.

McCain opposes Law of Sea

Washington Note, 2007 (http://hubpages.com/hub/Fighting-Back-Against-LOST-The-Law-Of-The-Sea-Treaty)

In the end this is a fight worth fighting... According to Rob Bluey two Republican presidential candidates have expressed opposition to thistreaty Fred Thompson & John McCain!John McCain:"Sen. John McCain told bloggers this morning that he would oppose the measure if it came to the Senate floor as it currently exists."

McCain has changed sides – will block lost

Carpetbagger Report, ’08 (georgebushsthirdterm.blogspot.com/2008/06/when-mccain-opposes-his-own-legislation.html)McCain used to champion the Law of the Sea convention, even volunteering to testify on the treaty’s behalf before a Senate committee.

Now, if the treaty comes to the Senate floor, he’s vowed to vote against it.

3

http://www.redstate.com/stories/elections/2008/mccain_would_oppose_law_of_the_sea_treaty


http://www.gopusa.com/commentary/ckincaid/2007/ck_10251.shtml


http://hubpages.com/hub/%20http:/www.redstate.com/stories/elections/2008/mccain_would_oppose_law_of_the_sea_treaty


http://georgebushsthirdterm.blogspot.com/2008/06/when-mccain-opposes-his-own-legislation.html









SDI ‘08


2NC Impact Wall – Magnitude

Our Watkins Evidence Cites Several Impacts – Each is Huge

1. Heg

2. Economy

4



SDI ‘08


2NC Impact Wall – Magnitude

3. Prolif

4. Port Security – Key Solve WMD Terrorism

Garrison, ’06 (Jennifer, US Rep, US Fed News, 3/7)" Port security is critical in our fight against terrorism, because American ports are a natural target for those who would try to smuggle anuclear or biological weapon into our country," Garrison said."A lot of my constituents are having a very difficult time understanding why we would stand by and allow a foreign government to operateAmerican ports," Garrison added. ""It defies common sense to surrender American ports to a foreign government."

Nuclear War

Greg Easterbrook , senior editor of the New Republic, Nov 11 2001 CNN show: Greenfield At Large, lexis

Easterbrook: Well, what held through the Cold War, when the United States and Russia had

thousands of nuclear weapons pointed at each other, what held each side back was the fact thatfundamentally they were rational. They knew that if they struck, they would be struck inturn. Terrorists may not be held by this, especially suicidal terrorists, of the kind that al Qaeda

is attempting to cultivate. But I think, if I could leave you with one message, it would be this: that thesearch for terrorist atomic weapons would be of great benefit to the Muslim peoples of the

world in addition to members, to people of the United States and Western Europe, because if an atomicwarhead goes off in Washington, say, in the current environment or anything like it, in the 24 hours that followed, a hundred million Muslims would die as U.S. nuclear bombs raineddown on every conceivable military target in a dozen Muslim countries.

5



SDI ‘08


Taiwan 2NC

NAVAL POWER PREVENTS US-CHINA WAR OVER TAIWAN

Hultin and Blair ‘06

(Jerry MacArthur Hultin, Undersecretary for the Navy, Dennis Blair, former President for the Institute of Defense Analysisand Admiral, US Navy, “Naval Power and Globalization,” September, 2006

http://www.poly.edu/president/_doc/hultin%20naval%20power.pdf )

Even if the interaction of US and Chinese decisions in future avoids a global naval arms race centered in the Pacific, China will still have a capable regional navy.

World events may put China and the United States on opposite sides of an issue or crisis, leading to a maritime confrontation.The most likely location for this scenario is Taiwan. Successful deterrence depends on the United States having strong naval

capability on station or quickly deployable so that there is no incentive to China or other adversaries to initiate hostilities.The second Pacific area in which the United States must maintain a deterrent capability based on naval power is around the Korean Peninsula. North Korea is a failing

state, but so long as Kim Jong II and his successors maintain their position of power, they will need to be deterred from military aggression. To maintaindeterrence, American naval strategy in the Pacific must preserve its alliance base, its forward deployed posture and its ability to reinforce

quickly to assert maritime superiority throughout any crisis situation.

EXTINCTION

Straits Times 6-25-2000 lexis

THE DOOMSDAY SCENARIO THE high-intensity scenario postulates a cross-strait war escalating into a full-scalewar between the US and China. If Washington were to conclude that splitting China would better serve its national interests, then a full-scale war becomes unavoidable. Conflict on such a scale would embroil other countries far and near and -- horror of

horrors -- raise the possibility of a nuclear war. Beijing has already told the US and Japan privately that it considers any country providing

bases and logistics support to any US forces attacking China as belligerent parties open to its retaliation. In the region, this means South Korea, Japan, the Philippines

and, to a lesser extent, Singapore. If China were to retaliate, east Asia will be set on fire . And the conflagration may not end there as opportunistic

powers elsewhere may try to overturn the existing world order. With the US distracted, Russia may seek to redefine Europe's political

landscape. The balance of power in the Middle East may be similarly upset by the likes of Iraq. In south Asia, hostilities between India andPakistan, each armed with its own nuclear arsenal, could enter a new and dangerous phase. Will a full-scale Sino-US war lead to a

nuclear war? According to General Matthew Ridgeway, commander of the US Eighth Army which fought against the Chinese in the Korean War, the US had at thetime thought of using nuclear weapons against China to save the US from military defeat. In his book The Korean War, a personal account of the military and politicalaspects of the conflict and its implications on future US foreign policy, Gen Ridgeway said that US was confronted with two choices in Korea -- truce or a broadenedwar, which could have led to the use of nuclear weapons. If the US had to resort to nuclear weaponry to defeat China long before the latter acquired a similar capability,

there is little hope of winning a war against China 50 years later, short of using nuclear weapons. The US

estimates that China possesses about 20 nuclear warheads that can destroy major American cities. Beijing also seems prepared to go for the nuclear option. A Chinesemilitary officer disclosed recently that Beijing was considering a review of its "non first use" principle regarding nuclear weapons. Major-General Pan Zhangqiang,

president of the military-funded Institute for Strategic Studies, told a gathering at the Woodrow Wilson International Centre for Scholars in Washington that althoughthe government still abided by that principle, there were strong pressures from the military to drop it. He said military leaders considered the use of nuclear weapons

mandatory if the country risked dismemberment as a result of foreign intervention. Gen Ridgeway said that should that come to pass, we would see the destruction of civilisation. There would be no victors in such a war. While the prospect of a nuclear

Armaggedon over Taiwan might seem inconceivable, it cannot be ruled out entirely, for China puts sovereignty above everything else.

6

http://www.poly.edu/president/_doc/hultin%20naval%20power.pdf

http://www.poly.edu/president/_doc/hultin%20naval%20power.pdf



SDI ‘08


Bush Doctrine 2NC

LOST Determines Future of US Foreign Policy – Key to Leadership and Multilateral Cooperation

– Prevents Aggressive Unilateralism and Bush Doctrine and Disempowers Hardliners

Washington Note, 10/10/07(The Washington Note delivered by Newstex) -- I've had something of a one-track mind these past few months, as regular readers of this blog might have noticed. The Law of theSea has been the subject of at least half of my recent posts and an even greater percentage of my advocacy focus.The case for the Law of the Sea was essentially made by Matt

Stoller's post and Steve's response last week, though neither mentioned it by name. Steve "What is needed is more strategic thinking in progressive circlesabout what battles are worth having in order to achieve more systemic success. I think that consensus is impossible in the left -- and thus we need the Matt

Stollers of the world to find some like-minded associates and begin hatching the campaigns that matter, and ignoring the ones that don't."I couldn't agree more and I think theexample that Steve offers - the opposition to the Bolton nomination - was a battle well chosen. It was very important on its it successfully weakened and then partially removed an

extremely negative element from the administration. But just as important was its execution. Thanks to some smart group decisions on strategy and message, the Boltoncampaign is making current battles against pugnacious nationalism more winnable than before.The effort to ratify the Law of the Seaconvention is a campaign that matters for similar reasons. Yes, the Law of the Sea is compelling on its face. The armed forces rightly wants its navigational and

overflight rights protected. Environmentalists rightly want the U.S. to join and add to global ocean stewardship efforts. And U.S. companies should have a chance to compete withforeign firms for offshore resources. For some background info on the convention, click here.All of these are good reasons for the U.S. to accede to the Law of the Sea, but none of

them alone or even in combination would necessarily make it important for the progressive agenda. So why is the Law of the Sea significant? our absence fromthe Law of the Sea is the outer wall of Fortress America. Winning the ratification battle would seriously de-fang the same pugnacious nationalists who are on the opposite side of almost every important foreign policy issue facing the U.S. The opposition to the Law of the Sea is based entirely on a visceral hatred for multilateral cooperation. Its champions detest all forms of international organization and

believe the purpose of international law is to constrain U.S. behavior. They believe the U.S. should rely on the threat of force to advanceits goals and should not be constrained by any rules, even if they rules that tilt the playing field in our favor.This opposition is serious, even if its arguments are

not. Take a peek at this ridiculous ad that people paid good money to get on I'm not even going to bother debunking this ad, which, as Senator Lugar recently pointed out, does notcontain a single true statement. What should be immediately clear, though, is that the opposition to the Law of the Sea is as determined to fight as it is radical. I'll

be the first to admit that the Law of the Sea doesn't stir passions as does the war in Iraq, healthcare, or education. But I'm still disappointed that the left blogosphere and left-center

commentators have mostly ignored the Law of the Sea so far this year. Why? Because the debate on the Law of the Sea effectively isolates the most rabid anti-internationalists. It pits the far, far, far-right against everybody else. The more high-profile this debate becomes, the more credibility people like Frank Gaffney, Jim DeMint,

Jim Inhofe, and David Vitter will lose. And on the flip side, those of us who support adhering to international norms and participating in internationalagreements will look more credible, powerful, and rational. In short, this is the kind of campaign that progressives should be betting thehouse on.The Senate Foreign Relations Committee will probably vote on the convention in the next couple of weeks. After that, whether or not it comes to the floor will depend

on the enthusiasm of progressives.If the Law of the Sea does come to the Senate floor, something amazing will Republicans will eat their young. We already saw a preview in theSenate Foreign Relations Committee, where Dick Lugar called out a few Republican hypocrites, who say everyone should suspend their own judgments and defer to Petraeus andCrocker even as they rejected the unanimous and consistent recommendation of our national security leadership that the convention is a helpful tool to our military. Ted Stevensand John Warner , perhaps the treaty's two strongest supporters besides Lugar, will similarly take their fellow Republicans to task for setting U.S. interests back in the service of

zany ideological goals. If a final floor vote occurs, the treaty will pass easily and its few opponents will look marginalized and weak .The message that islikely to emerge from this campaign, should it succeed, is that all forms of international engagement - be they treaties, internationalorganizations, or specific policies - should be debated on their merits. It will also come out that multilateralism usually benefits the UnitedStates and helps solve global problems in a commonsense way. And we will serve notice that no proposal is a non-starter simply because it

has "UN" in the title. U.S. negotiators got everything they wanted in the Law of the Sea. PIPA polls regularly show that Americans want their government to endorse policiesmade collectively by the international community, even if those policies don't represent our first choice - in short, Americans want their government to be a team player. Joining the

Law of the Sea won't get us there, but it will get us closer. At the least, it would discredit those who want to reject international law even when it givesus everything we want.We need to be spending more time and attention on this. The conventional wisdom is that multilateral treaties are dead on arrival in

the Senate. If we're interested in promoting the International Criminal Court, a successor to the Kyoto Protocol, the Comprehensive Nuclear Test Ban Treaty, or the Conventions onwomen's rights, children's rights, landmines, or biological diversity, we've got to get the Law of the Sea done. My colleague Don Kraus sums it up: "Think about it. If a Senate witha Democratic majority can not muster the 66 votes to pass a treaty supported by a Republican president, what is the possibility of doing so under a potential Democratic presidentwho will face much stiffer Republican opposition?"If the U.S, cannot join an agreement supported by environmental groups, petroleum trade associations, peace groups, the CoastGuard, Navy, departments of State, Commerce, and the Interior (just to name a few) -- what is the chance that we engage on other agreements?"One senate staffer I talked torecently has been yelling at groups coming to talk with him about climate change. He's been telling them that he doesn't want to talk to them unless the first words out of their

mouth are "Law of the Sea," because "if we can't get this one through, none of the other agreements are going to get through." This is precisely the kind of issue that smart progressives who pick their battles carefully should be taking on right now.

7

http://www.thewashingtonnote.com/



http://www.openleft.com/showDiary.do?diaryId=1747


http://www.thewashingtonnote.com/archives/002394.php


http://www.globalsolutions.org/in_the_beltway/united_states_and_law_sea_time_join



http://rightweb.irc-online.org/profile/1183


http://demint.senate.gov/



http://inhofe.senate.gov/

http://vitter.senate.gov/


http://foreign.senate.gov/






http://stevens.senate.gov/


http://warner.senate.gov/



http://www.worldpublicopinion.org/



http://globalsolutions.org/issues/international_criminal_court



http://globalsolutions.org/issues/energy_initiative



http://oldsite.globalsolutions.org/programs/glob_engage/Treaties/CTBT.html



http://oldsite.globalsolutions.org/programs/glob_engage/Treaties/cedaw.html


http://oldsite.globalsolutions.org/programs/glob_engage/Treaties/child_rights.html



http://oldsite.globalsolutions.org/programs/glob_engage/Treaties/landmines.html



http://oldsite.globalsolutions.org/programs/glob_engage/Treaties/BWC.html


http://globalsolutions.org/blog/index.php/home/2007/09/26/it_s_time_for_progressive_s_to_support_t










http://inhofe.senate.gov/

















SDI ‘08


Bush Doctrine 2NC

The Impact is Leadership, Iran, and Global Preemptive Strikes Including Russia, China and India

Record, ’03 (Jeffrey, Senior Fellow Institute Foreign Policy Analysis, Parameters,

http://www.carlisle.army.mil/usawc/Parameters/03spring/record.htm)For the United States, the risk is doctrinal degeneration into an excuse for attacking regimes we simply don’t like versus regimes that

pose genuine “preemptive” threats. The doctrine invites abuse because it offers no criteria by which to judge a threat justifying a preemptive strike. A rogue state is not automatically a target for preemption; if it were, the Bush Administration would be talking about awar with Iran and not talking at all to North Korea. Indeed, what justifies an attack on Iraq but not on Iran or North Korea, which, like Iraq,the Administration has identified as “axis of evil” states? Had the Bush Doctrine been in place after World War II, could it have beeninvoked against the Soviet Union and Communist China, both of which met the new National Security Strategy definition of a rogue stateand were pursuing the acquisition of nuclear weapons until 1949 and 1964, respectively? “Because the doctrine sets no bounds ,” argues ananalysis of the National Security Strategy, “might the US again choose preemption even though deterrence would this time be appropriate?And knowing this, might others be more likely to strike even earlier—requiring the US to improve its first strike capabilities in return? Thelogic of offense and defense could make a world of unbounded preemption very ugly indeed.”66A Brookings Institution critique concludes that the Bush Doctrine’s “silence on the circumstances that justify preemption” raises the danger that other countries “will embrace the preemption argument as a cover for settling their own national security scores. . . . [U]ntil theAdministration can define the line separating justifiable preemption from unlawful aggression in ways that will gain widespread adherenceabroad, it risks seeing its words used to justify endsit opposes.”67 Russia has already invoked American endorsement of preemption as justifying possible military action against Georgia,from which Chechen separatists (or terrorists, if you prefer) conduct operations in Chechnya. India could attack Pakistan, happily invoking

the Bush Doctrine on the charge of Pakistan’s sponsorship of terrorism in Kashmir. And China could justify a preventive war againstTaiwan as a means of forestalling its threatened independence or unfavorable (to China) alteration of the military balance across the TaiwanStrait. “It cannot be in either the American national interest or the world’s interest,” argues Henry Kissinger, “to develop principles thatgrant every nation an unfettered right of preemption against its own definition of threats to its security.”68However convincing the case for an attack on Iraq, preemption as a declaratory doctrine lacking criteria but applicable to a genericcategory of states invites real trouble after Iraq, and for that reason could turn out to be a poor, even impossible basis for America’srelations with the rest of the world.

8

http://www.carlisle.army.mil/usawc/Parameters/03spring/record.htm





SDI ‘08


Bush Doctrine 2NC

CHINA TAIWAN EXTINCTION

Straits Times 6-25-2000 lexis

THE DOOMSDAY SCENARIO THE high-intensity scenario postulates a cross-strait war escalating into a full-scalewar between the US and China. If Washington were to conclude that splitting China would better serve its national interests, then a full-

scale war becomes unavoidable. Conflict on such a scale would embroil other countries far and near and -- horror of

horrors -- raise the possibility of a nuclear war. Beijing has already told the US and Japan privately that it considers any country providing

bases and logistics support to any US forces attacking China as belligerent parties open to its retaliation. In the region, this means South Korea, Japan, the Philippines

and, to a lesser extent, Singapore. If China were to retaliate, east Asia will be set on fire . And the conflagration may not end there as opportunistic

powers elsewhere may try to overturn the existing world order. With the US distracted, Russia may seek to redefine Europe's political

landscape. The balance of power in the Middle East may be similarly upset by the likes of Iraq. In south Asia, hostilities between India andPakistan, each armed with its own nuclear arsenal, could enter a new and dangerous phase. Will a full-scale Sino-US war lead to a

nuclear war? According to General Matthew Ridgeway, commander of the US Eighth Army which fought against the Chinese in the Korean War, the US had at thetime thought of using nuclear weapons against China to save the US from military defeat. In his book The Korean War, a personal account of the military and politicalaspects of the conflict and its implications on future US foreign policy, Gen Ridgeway said that US was confronted with two choices in Korea -- truce or a broadenedwar, which could have led to the use of nuclear weapons. If the US had to resort to nuclear weaponry to defeat China long before the latter acquired a similar capability,

there is little hope of winning a war against China 50 years later, short of using nuclear weapons. The US

estimates that China possesses about 20 nuclear warheads that can destroy major American cities. Beijing also seems prepared to go for the nuclear option. A Chinesemilitary officer disclosed recently that Beijing was considering a review of its "non first use" principle regarding nuclear weapons. Major-General Pan Zhangqiang,

president of the military-funded Institute for Strategic Studies, told a gathering at the Woodrow Wilson International Centre for Scholars in Washington that although

the government still abided by that principle, there were strong pressures from the military to drop it. He said military leaders considered the use of nuclear weaponsmandatory if the country risked dismemberment as a result of foreign intervention. Gen Ridgeway said that should that come to pass, we would see the destruction of civilisation. There would be no victors in such a war. While the prospect of a nuclear Armaggedon over Taiwan might seem inconceivable, it cannot be ruled out entirely, for China puts sovereignty above everything else.

9



SDI ‘08


Russia 2NC

US Ratification Key to Prevent Miscalculation and Conflict with Russia, New Cold War, and

Russian Expansionism

Eachus, 9/10/07 (Ron, Former legislator and a former chairman of the Oregon Public Utility Commission. Statesman Journal,

http://www.statesmanjournal.com/apps/pbcs.dll/article?AID=/20070910/COLUMN0703/709100322/1064The hypothetical Northwest Passage via the Arctic Ocean is becoming a reality as a result of global warming. But the U.S. is at adisadvantage because of its reluctance to join other countries in the one international agreement that can help sort out the ensuing stampedefor resources and concurrent need for environmental and cultural protection.It is ironic. Burning fossil fuels triggers accelerated melting of the Arctic ice. The receding ice makes new oil and gas deposits moreaccessible. The cycle of excessive consumption perpetuates itself and fosters a new "cold war" as Russia, the U.S, Canada and other countries lay claim to the fuel- and mineral-rich sea bed.And here's another irony: Even President Bush, who has utter disregard for treaties to reduce carbon emissions, recognizes that ratificationof the Law of the Sea Treaty is necessary.In 1982, the UN Convention on the Law of the Sea adopted rules under which each country is entitled to a 200-nautical-mile economiczone with rights over natural resources. Countries can claim jurisdiction beyond that if they can show that their continental shelf extendsfurther.All Arctic border countries except the U.S. have signed the treaty, putting us on the sidelines when boundaries are negotiated and disputesresolved. We're powerful enough to bully our way around, but we don't have much standing without the treaty.Since 1982, the Arctic sea ice has decreased by nearly 20 percent. And some geologists estimate that nearly 25 percent of the world's

undiscovered oil lies under the now-more-accessible Arctic Ocean.Canada asserts the passages through its Arctic archipelago are part of its internal waters. Russia claims that the undersea ridge from the

North Pole to Eurasia is a geological extension of its continental shelf. Denmark replies that the end of the same ridge was once part of Greenland, which belongs to them.Russia even sent a mini-sub to the bottom of the ocean floor to stake a symbolic claim with a flag encased in titanium. The vision may belaughable. But Russia takes this seriously. Oil revenues sustained Cold War Russia. The resurgent Russia of today uses oil and gas as a tool for influence over its former Soviet Block states."The Arctic is ours and we should manifest our presence," the leader of the expedition declared.Forgive the obvious analogy, but the recent spurt of activity is merely the tip of a larger iceberg to be revealed in the future wheninternational tensions can escalate into incidents and accidents. Posturing can easily lead to confrontation. Arctic climate change canlead to greater storms. Oil spills there are harder to clean up.Lost in the territorial fray is the basic question of whether exploitation and extraction of natural resources ultimately will be how we definethe Arctic. As harsh as it is, this is a fragile and sensitive part of the Earth. Is the Arctic to become another example of trampling on theenvironment, disrespect for native cultures, and extinction of native species?Environmental organizations have been supportive of the Law of the Sea Treaty as a way to control access and development. So whether

one thinks we should protect the Arctic environment from exploitation or whether one thinks we can't afford to let other countries controlthe resources, ratifying the treaty gives the U.S. a justifiable seat at the negotiating table.When the Senate considers the treaty this fall, members should ratify it. Leaving the fate of the Arctic up to a colonialism-like free-for-allof territorial claims will only feed an unfettered appetite for consumption and conflict.And shoving the U.S. to the sidelines, where the options are limited to unilateral assertion of power reserved for the mighty, isn't in our interests either.

10

http://www.statesmanjournal.com/apps/pbcs.dll/article?AID=/20070910/COLUMN0703/709100322/1064

http://www.statesmanjournal.com/apps/pbcs.dll/article?AID=/20070910/COLUMN0703/709100322/1064



SDI ‘08


Russia 2NC

Russian Expansionism Causes Multiple Scenarios for Nuclear War

Cohen ‘96

(Ariel, PhD and Senior Policy Analyst – Heritage, Heritage Foundation Reports, 1-25, Lexis)

Much is at stake in Eurasia for the U.S. and its allies. Attempts to restore its empire will doomRussia's transition to a democracy and free-market economy. The ongoing war in Chechnya alonehas cost Russia $ 6 billion to date (equal to Russia's IMF and World Bank loans for 1995). Moreover,it has extracted a tremendous price from Russian society. The wars which would be required torestore the Russian empire would prove much more costly not just for Russia and the region, but forpeace, world stability, and security. As the former Soviet arsenals are spread throughout the NIS,these conflicts may escalate to include the use of weapons of mass destruction. Scenariosincluding unauthorized missile launches are especially threatening. Moreover, if successful, areconstituted Russian empire would become a major destabilizing influence both in Eurasia andthroughout the world. It would endanger not only Russia's neighbors, but also the U.S. and its alliesin Europe and the Middle East . And, of course, a neo-imperialist Russia could imperil the oil reserves of the Persian Gulf.

n15 n15 Vladimir Zhirinovsky, mouthpiece for the most irredentist elements in the Russian security and military services, constantlyarticulates this threat. Domination of the Caucasus would bring Russia closer to the Balkans, the Mediterranean Sea, and the MiddleEast. Russian imperialists, such as radical nationalist Vladimir Zhirinovsky, have resurrected the old dream of obtaining a warm porton the Indian Ocean. If Russia succeeds in establishing its domination in the south, the threat to Ukraine, Turkey, Iran, and Afganistanwill increase. The independence of pro-Western Georgia and Azerbaijan already has been undermined by pressures from the Russianarmed forces and covert actions by the intelligence and security services, in addition to which Russian hegemony would makeWestern political and economic efforts to stave off Islamic militancy more difficult. Eurasian oil resources are pivotal to economicdevelopment in the early 21 st century. The supply of Middle Eastern oil would become precarious if Saudi Arabia became unstable,or if Iran or Iraq provoked another military conflict in the area. Eurasian oil is also key to the economic development of the southernNIS. Only with oil revenues can these countries sever their dependence on Moscow and develop modem market economies and freesocieties. Moreover, if these vast oil reserves were tapped and developed, tens of thousands of U.S. and Western jobs would be

created. The U.S. should ensure free access to these reserves for the benefit of both Western and local economies. In order toprotect U.S. and Western interests in Eurasia and ensure free and fair access to the oil reserves of the region, the United States should: * Strive to preserve the independence and economic viability of the New

Independent States in the region. In cooperation with Britain, Germany, and France, the U.S. should prevent the reconstitution of

Moscow's sphere of influence in the southern CIS. The West should not grant Moscow carte blanche in the "near abroad" in exchangefor cooperation in Bosnia. The U.S. should lead other Western countries in implementing programs that support independentstatehood, free-market development, and the rule of law in Azerbaijan, Georgia, and the Central Asian states. Training for the civiland security services of these countries should be stepped up, and economic reforms, including privatization of industries andagriculture, should be continued. Moreover, sanctions on technical and humanitarian assistance to Azerbaijan, imposed at the height

of the Karabakh conflict, should be lifted to increase Washington's leverage in settling the conflict there. * Ensure that Russiais not a dominant, but rather an equal partner in developing the oil resources of the Caucasus and Central

Asia. Russian oil companies should be assured of equitable access to the development of oil resources and pipeline projects. Thestrategic goal of the West should be the creation of a level playing field that allows Russian and Western corporations to participatein the development of Eurasian energy resources on an equal footing

11



SDI ‘08


Russia 2NC

Escalating Conflict and New Cold War Will Cause Massive Arms Races

Russian and CIS General Newswire, 9/11/07

The head of a Russian foreign policy think tank has argued that a new Cold War involving "an unrestricted nuclear and conventional armsrace" may break out between Russia and the U nited States in several years.Russian -U.S. relations may sink into a serious crisis in a few years, and "domestic and political factors will aggravate the situation rather than help overcome the differences," a Russian Academy of Sciences report that was released on Tuesday quoted Sergei Rogov, director of the academy's U.S. and Canada Institute, as telling a meeting of the academy presidium.Serious political, economic and military frictions exist between Moscow and Washington, Rogov said."If the present-day trends are sustained, an unrestricted nuclear and conventional arms race may be unleashed again in several years' time,"he said.At the same time, there are good reasons to expect Russian-American relations to seriously improve , he argued.

Extinction

Bostrom ‘02

(Nick, PhD Philosophy – Oxford U., Existential Risks,http://www.nickbostrom.com/existential/risks.html )

A much greater existential risk emerged with the build-up of nuclear arsenals in the US and theUSSR. An all-out nuclear war was a possibility with both a substantial probability and withconsequences that might have been persistent enough to qualify as global and terminal . Therewas a real worry among those best acquainted with the information available at the time that anuclear Armageddon would occur and that it might annihilate our species or permanentlydestroy human civilization.[4] Russia and the US retain large nuclear arsenals that could be used ina future confrontation, either accidentally or deliberately. There is also a risk that other states mayone day build up large nuclear arsenals. Note however that a smaller nuclear exchange, betweenIndia and Pakistan for instance, is not an existential risk, since it would not destroy or thwarthumankind’s potential permanently. Such a war might however be a local terminal risk for the citiesmost likely to be targeted. Unfortunately, we shall see that nuclear Armageddon and comet orasteroid strikes are mere preludes to the existential risks that we will encounter in the 21st century.

12

http://www.nickbostrom.com/existential/risks.html

http://www.nickbostrom.com/existential/risks.html#_ftn4


http://www.nickbostrom.com/existential/risks.html




SDI ‘08


Ext - Russian Miscalc

US Ratification Key to Prevent Escalating Tensions and Threats of Force over Arctic

King, 8/22/07 Neil Jr, US Resistance to Sea Treaty Thaws,

http://online.wsj.com/article/SB118772758771704410.html?mod=googlenews_wsj

The renewed interest has grown more intense amid a scramble to claim undersea territories in the resource-rich Arctic.Looking to buttress its legal case for ownership of a massive undersea ridge, Russia planted its flag earlier this month on a seabed morethan 15,000 feet below the North Pole. Canada, asserting its disputed rights, plans a new fleet of ice-breaking ships and a deepwater Arctic

port; yesterday, Canadian Prime Minister Stephen Harper asserted his country's claim to the so-called Northwest Passage along its northerncoast during a meeting with Mr. Bush in Quebec. And Denmark is sending a research team to push its own claim to undersea holdings thatextend far from Greenland.All this has put the U.S. in a jam. The Law of the Sea Treaty allows countries -- even nonsignatories -- exclusive rights to the seabedextending 200 nautical miles from their shores. Countries can then present evidence to claim rights to any of their continental shelf beyondthat. Claims and disputes fall to one of several arbitration bodies established by the treaty. Without being a party to the treaty, the U.S. hasno clear way -- short of threatening force -- to assert its claims .U.S. officials said the stakes are literally vast. In the Arctic alone, the U.S. could lay claim to more than 200,000 square miles of additionalundersea territories. The U.S. Coast Guard Cutter Healy is in the region to continue mapping the ocean floor to help strengthen the U.S.case. By some estimates, the country's total additional undersea holdings, including extensions off the East Coast and the Gulf of Mexico,could exceed 300,000 square miles, or roughly twice the size of California.Recent estimates have found the Arctic could contain the equivalent of more than 400 billion barrels of oil and gas and massive amounts of

another potential energy source, crystallized methane. The U.S. Geological Survey has estimated the amount of carbon found in hydrateform world-wide is "conservatively" twice the amount found in all the world's fossil fuels.Increased thawing of the Arctic ice cap is also beginning to open up seaways, such as the long-heralded Northwest Passage that is expectedto revolutionize shipping. Still blocked by ice much of the year, the polar pathway linking China to Northern Europe and the NorthwestU.S. is about 5,000 miles shorter than routes through the Suez or Panama canals. Canada for years has asserted its sovereignty over the

passage, a claim the U.S. and other countries dispute.

13





SDI ‘08


PSI 2NC

PSI Inevitable But LOST Ratification is Key to International Support and Assurances that it

complies with international law

Richardson, 10/11/07 (Michael, New Zealand Herald, Senior Research Fellow, Institute of Southeast Asian Studies)

According to the U.S., over 80 countries now participate in the PSI in one way or another. But China, India, Indonesia and Malaysia remainwary of joining, partly because the U.S. has not yet ratified the UN law of the sea treaty. This raises concerns that the PSI may be used inways that are contrary to international law, although there is no evidence of any such breach so far. Moreover, the PSI is a voluntaryassociation. Participating countries are not obliged to halt a WMD shipment even if asked to do so by another member

The Impact is Nuclear War with North Korea

Grey, ’03 (Robert, Former Ambassador for Clinton, 9/4,http://www.gsinstitute.org/gsi/pubs/09_03_psi_brief.pdf .)

The administration recently put forward the Proliferation Security Initiative (PSI) in an effort to constrain proliferation by steps that include permitting interdiction of weapons shipments on the high seas. There are 11 states (Australia, Japan, France, Germany, Italy, the Netherlands, Poland, Portugal, Spain, the United Kingdom and the United States) that have joined the PSI. The PSI will only be successfulif it operates in the context of the NPT and in compliance with international law. There are those who argue that the North Korean threat isso immediate that the United States and others should invoke the doctrine of self-defense under Article 51 of the U.N. Charter and use the

PSI to interdict North Korean shipping now. This pushes the self defense doctrine well beyond its narrow limits and creates a dangerous precedent. North Korea's conduct threatens the entire world, not just the United States and a handful of its allies. China, Russia and all theother members of the international community have a direct stake in this issue. North Korea has repeatedly stated that any interdiction of itsvessels or aircraft would be regarded as an act of war and that it would react accordingly given the North Korean regime and the desperatecondition of the country, forcing a premature confrontation without a clear legal mandate that will guarantee maximum political supportcarries with it the grave risk of igniting a major war on the Korean peninsula, and if indeed the North Koreans have nuclear weapons, a war which could become a nuclear one.

14

http://www.gsinstitute.org/gsi/pubs/09_03_psi_brief.pdf

http://www.gsinstitute.org/gsi/pubs/09_03_psi_brief.pdf



SDI ‘08


Fish/Oceans 2NC

US Ratification Key to Global Ocean Biodiversity and Food Supply

Hamilton, 8/27/07 (Lee, Director Woodrow Wilson Int’l Center and Former Representative, indystar.com,

http://www.indystar.com/apps/pbcs.dll/article?AID=/20070827/OPINION/708270327/-1/LOCAL17)

These economic benefits are accompanied by environmental considerations. Pollution of our oceans has led to the disappearance of scoresof species, including some that are important to our food supply, and threatens to have devastating consequences on the global

environment. The Convention puts a framework in place to reduce pollution, including a set of standards that America already adheres to.By joining, we will strengthen our leverage to press others to do more.

Failure to protect the oceans will cause extinction

OCEANS AT RISK 05

Oceansatrisk.com 05 “Empty Oceans, Empty Nets,”

http://www.oceansatrisk.com/index.cfm?fuseaction=page&pageID=443)

Oceans provide 95 percent of the living space for the earth's animals and plants, and are the largest source of protein in theworld, feeding billions of people around the globe. Healthy oceans are essential to the survival of our planet. Our oceans areat risk, and with them our food supplies, our coastal economies, and even ourselves. We must act now to preserve the earth’s

web of life for future generations.

Independently, Loss of Fish Causes 1 Billion Deaths

UNESCO Courier July 1, 1998 lexis

Some 200 million people work in fishing worldwide (industrial and self-employed combined), while as many as 500 milliondepend on the oceans indirectly through jobs in tourism, shipping, oil and gas and other aspects of the fishing industry. In

1996 seafood production, including aquaculture, was valued at $ 120 billion. Half the world's catch is exported, especially tothe developed countries, which absorb 80% of imports in value. One billion people depend on the sea for their main sourceof food every day. Global export earnings from fishing exceed those from coffee, tea, cocoa and sugar. But post-catch lossesare very high, precisely in those places where the need is greatest. In Africa, losses to self-employed fishermen due to poor unloading, transport and packaging conditions, as well as the hot climate, range from 25% to 50% of the catch.

15

http://oceansatrisk.com/


http://www.oceansatrisk.com/index.cfm?fuseaction=page&pageID=443


http://www.oceansatrisk.com/index.cfm?fuseaction=page&pageID=443



SDI ‘08


Lost Good – Laundry List

US Ratification Key to Solve Heg, Econ, Oil Shocks, Arctic Claims – CIL Can’t Solve

Lugar, 10/4/07 (Richard, Senate Foreign Relations Expert, CQ Congressional Testimony)

In absenting ourselves from the Law of the Sea Convention, we are risking making the same type of mistake that the Soviets made in 1950.Opponents seem to think that if the U.S. declines to ratify the Law of the Sea, the U nited States can avoid any multi-lateral responsibilities

or entanglements related to the oceans. But unlike some treaties, such as the Kyoto Agreement and the Comprehensive Test Ban Treaty,where U.S. non-participation renders the treaty virtually inoperable, the Law of the Sea will continue to form the basis of maritime lawregardless of whether the U.S. is a party. Consequently, the U nited States cannot insulate itself from the Convention merely bydeclining to ratify. If we fail to ratify this treaty, we are allowing decisions that will affect our Navy, our ship operators, our off- shoreindustries, and other maritime interests to be made without U.S. representation. If the U nited States does not ratify this treaty, our abilityto claim the vast extended continental shelf off Alaska will be seriously impeded. We will also put ourselves in a position of self-imposedweakness as we are forced to rely on other nations to oppose excessive claims to Arctic territory by Russia and perhaps others. Further, inan era when our growing energy vulnerability exposes us to the machinations of oil-rich states, we will be constraining the opportunities of our own oil companies to explore beyond the 200-mile limit, by perpetuating legal uncertainty that is likely to prevent the large-scaleinvestments that are required. We will be complicating the job of the Navy in asserting navigational rights and weakening our ability toconstrain negative drift in customary international law. And we will not even be able to participate in the amendment process to thistreaty, which is likely to dominate the evolution of accepted ocean law. This is a partial list of the costs of not joining the Convention, but itshould illuminate for members that we do not have a free pass on this treaty. If the Senate does not give its advice and consent, we will beincurring tangible costs in both the short and long term on issues of vital importance to our economy and national security.

US Ratification Key to Heg Economy and War on TerrorLugar, 9/27/07 (Richard, Senator and Foreign Relations Badass,http://lugar.senate.gov/press/record.cfm?id=284357&&year=2007&)Today, as we return to this treaty, the coalition in favor of it has grown and the urgency of completing Senate consideration hasintensified. As the world’s preeminent maritime power, the largest importer and exporter, the leader in the war on terrorism, and the owner of the largest Exclusive Economic Zone off our shores, the United States has more to gain than any other country from the establishment of order with respect to the oceans. This treaty is important to an expansive array of American economic, environmental, and security

interests.But I want to underscore for my colleagues a fundamental starting point for our hearings. The Commander-in-Chief, the Joint Chiefs of Staff, and the United States Navy, in time of war, are asking the Senate to give its advice and consent to this treaty. Our uniformedcommanders and civilian national security leadership are telling us, unanimously and without qualification, that U.S. accession to thistreaty would help them do their job.

US Ratification key to Hard Power Soft Power and War on Terrorism

Galdorisi and Truver, ’05 (George, Director Space and Naval Warfare Center @ San Diego, Scott, National Security Programs @ Anteon Corp, Washington Times, 3/29)The evolving U.S. strategic paradigm, dependent as it is on littoral operations from the sea against the shore, has made accession to theconvention even more compelling. U.S. military strategy, doctrine and operations are crucially dependent on the navigation rights,flexibility and mobility conferred by the convention. To be sure, disputes might still arise, but the legal standing of the United States,

particularly in protecting important navigation rights through straits and other international waterways, is much more enhanced with thanwithout UNCLOS. UNCLOS is more than just another treaty. With 148 parties, it is the largest single international negotiating project ever.It has founded a new era on, under and above the world's oceans that clarifies, not muddies, important rights, responsibilities, and

privileges. In some aspects, customary law has indeed been incorporated and as such is now explicitly positive, conventional law, withmore global force than previously the case. And, it signals a commitment to the rule of law and a basis for the orderly conduct of affairsamong nations: a commitment that the United States must sustain if it is to succeed in other critical endeavors, such as the global war on

terrorism. In short, by refusing to accede to UNCLOS, the United States remains the "odd man out" and risks losing vital credibility among friends and partners worldwide -- a challenge that Karen Hughes, in her new role at the State Department, will add to an already

burgeoning portfolio.

16



SDI ‘08


LOST Good – Econ

LAW OF THE SEA KEY TO THE U.S. AND GLOBAL ECONOMY

David B. Sandalow, Scholar in the Foreign Policy Studies Program at Brookings, “Law of the Sea Convention: Should the

U.S. Join?” August 2004 (http://www.brookings.edu/comm/policybriefs/pb137.htm)

The U.S. economy depends on the oceans. Goods worth more than $700 billion are shipped through U.S. ports each year.More than a third of oil and gas produced around the world each year comes from offshore wells. (For U.S. oil and gas production, the figure is roughly 25 percent.) U.S. fisheries had landings in excess of $3 billion in 2002. Submarine cablesare essential to global communications and therefore much of global commerce. The Law of the Sea Convention helps promote U.S. commercial interests in several important respects. First, the navigational freedoms recognized under theConvention provide a stable environment for global commerce. Clear rules with widespread acceptance facilitateinternational trade and reduce risks to the many industries that depend upon marine transport. Second, the U.S. oil and gasindustry benefits from the Convention's rules concerning offshore resources. Under the Convention, coastal nations haveexclusive authority over all resources within two hundred miles of shore. In addition, coastal nations have authority over theocean floor beyond this 200-mile zone, to the edge of the continental shelf. This latter provision is especially beneficial for the United States, which has the largest continental shelf in the world. Vast areas of the ocean floor off Alaska, Maine, andother states are brought under U.S. jurisdiction as a result of this provision. With expected advances in deep water drillingtechnologies, these areas hold vast potential for oil and gas production. In addition, the Convention offers a ready set of procedures for delineating the outer limit of each country's continental shelf. These procedures help provide the certaintyneeded for major capital investment in offshore oil and gas facilities. However, these procedures are only available to nationsthat join the Convention. In addition, only nations that join the Convention can nominate commissioners to the Convention's

Commission on the Limits of the Continental Shelf.

US Ratification Key to Economy – eez, continental shelf, telecomm and seabed mining

Webb, 9/27/07 (Jim, Senator, FNS)Our economic interests are advanced in numerous ways , including by codifying our right to an exclusive economic zone out to 200

nautical miles, in which the United States has sovereign control over the resources -- whether living or nonliving; by providing the meansfor international recognition of our sizeable continental shelf, particularly off the coast of Alaska where we can export mineral resources; by setting clear rules for laying of undersea cables, which are an essential component of the telecommunications infrastructure; byestablishing an international framework for deep seabed mining in areas outside of national jurisdictions, which we have long expectedwould be subject to international regulations.

17

http://www.brookings.edu/comm/policybriefs/pb137.htm




SDI ‘08


Lost Good – Freedom Of Navigation

US Ratification Key to Navigational Freedom

Negroponte, 9/28/07 (John, Dep Sec State, State Department Documents and Publications)

Mr. Chairman, I am confident that the Committee will agree that U.S. accession to the Convention is the best way to secure navigationaland economic rights related to the law of the sea . I hope I have convinced the Committee that arguments against joining the Convention arecompletely unfounded, that there are not viable alternatives to joining, and that we cannot just go out and negotiate another treaty, muchless one that is more favorable. And we certainly cannot have much influence over development of the law of the sea in the 21st Centuryfrom outside the Convention.The safest, most secure, and most cost-effective way to lock in these significant benefits to our ocean-related interests is to join theConvention. President Bush, Secretary Rice, and I urge the Committee - once again - to give its swift approval for U.S. accession to theLaw of the Sea Convention and ratification of the 1994 Agreement, and we urge the Senate to give its advice and consent before the end of this session.

US Ratification Key to Prevent Restrictions and Amendments which Undermine our Global

Freedom of Navigation

Oxman, 10/4/07 (Bernand, Law Prof @ U Miami, CQ Congressional Testimony)Amending the Convention: The parties to the Convention have the right to decide whether to try to amend the Convention. Such an effortcould easily alter the balance of the Convention , whether or not we accept the amendment. This could weaken the platform of principleon which we currently operate globally, as well as our capacity to influence the perceptions and behavior of foreign coastal states. It is noteasy for a non-member to convince the members that they should or should not change their agreement. As a party to the Convention, wewould have substantially greater influence over the question of whether and, if so how, to approach the question of amendments or newimplementing agreements.

US Ratification key to Shipping and Naval Mobility

Moore, ’05 (John Norton, Prof Nat’l Security Law, Journal Int’l Affairs, 9/22)The critics show no understanding of the United States' continuing role as a global protector of navigational freedom. Yet a core issue atstake is the control of unilateral coastal state claims against U.S. shipping, both military and commercial. In this respect, the convention isthe most important and historic achievement in the safeguarding of these interests. For example, the new provisions for the protection of straits transit and archipelagic sea lanes passage, as well as the improved provisions for innocent passage in territorial seas, are of utmost

importance to U.S. naval mobility. The progressive advancements that the U.S. negotiating team achieved to this end are completelymissed by the critics; by second guessing U.S. naval experts ,it seems they would rather snatch defeat from the jaws of victory.Paradoxically, by opposing the convention, the critics reinforce the views of Third World nations that the United States defeated innegotiations. We must also never forget that thousands of U.S. servicemen and servicewomen, who volunteer to go in harm's way, dependon the navigation and over-flight provisions guaranteed in the convention. As General Richard B. Myers, the chairman of the Joint Chiefsof Staff, recently stated, "The Convention remains a top national security priority." (4)

18



SDI ‘08


Lost Good – Heg

US Ratification Key to Heg

Hamilton, 8/27/07 (Lee, Director Woodrow Wilson Int’l Center and Former Representative, indystar.com,

http://www.indystar.com/apps/pbcs.dll/article?AID=/20070827/OPINION/708270327/-1/LOCAL17)

The arguments in favor of ratification are overwhelming. First, the treaty is critical to our national security. The U.S. military depends uponfreedom of movement on the high seas so that our navy can have right of passage, and so we can transport military forces and equipment.The Convention guarantees that freedom, doing away with burdensome and varying rules from coastal nations, and ensuring that we neednot seek a permission slip to pass through territorial seas. This also helps America -- and the world -- avert conflict.

US Ratification Key to Heg and Navigational Freedom

Englund, 9/27/07 (Gordon, dep sec defense, FNS)This is the second time now, in Washington, I have been able to support this treaty, and the treaty is vitally important to the Department of Defense. And Mr. Lugar, I appreciate your comments. I believe you summarized it extraordinarily well in terms of how this -- theimportance of this Convention is to, not just the Navy, but the entire Department of Defense.And what I would like to do is just provide, literally, 10 overview reasons why this is important to the Department of Defense. So first, it isa legal certainty in the world's largest maneuver of space, there's over 150 nations -- I believe it's up to 155 nations now, that includes major maritime powers, and it also includes almost all of our Coalition partners, and as you'll hear, that's -- that's a very important point.We have -- we need to have the global mobility 24/7, 365 days a year, with no permission slips. As Mr. Lugar -- Senator Lugar commented,all the CNOs since 1982 have supported the Convention. The chairman and the Joint Chiefs are all united in support, and that has been thecase, I think, as long as this treaty has been debated.Strategic mobility. The treaty preserves the DOD's navigation and overflight rights -- and I emphasize it's overflight, it's not just on thesurface, but it is overflight, so the transit passage under, through, and over critical choke-points. Unrestricted military activities in foreignexclusive economic zones on the high seas is the right of approach and visit, and it reaffirms our sovereign immunity of warships; and thenit extends that sovereignty to public vessels like our maritime prepositioning ships.We need to be able, as Secretary Negroponte commented, we need to be able to influence from inside the Convention , rather thandepending on other nations to represent our interests. And particularly, we need to be able to resist coastal state attempts, other countries, interms of limiting our navigational freedoms.

US Ratification key to Heg

Watkins, 10/14/07 (James, Former Chief of Naval Operations, San Diego Union Tribune)

The Law of the Sea Convention will continue to form the basis of maritime law regardless of whether the United States is a party. If we failto ratify this treaty, we will continue to place the United States in a position of self-imposed weakness, relinquishing a seat at the table asother nations potentially negotiate amendments to the convention, or, as Russia is doing now in the Arctic, seek excessive claims to areas

beyond recognized national boundaries.As we navigate through an unsettled period in global geopolitics, senior military and civilian national security leaders have advised thatU.S. accession to the convention would significantly enhance the protection of our national security interests. Support for the convention isshared broadly by leaders in the economic and environmental communities. The stakes are too high, and the cost too great, for the U.S.Senate to remain hamstrung because of the ideological opposition of a handful of senators. We strongly urge the Senate to take action onthe convention before the conclusion of this session of Congress.

19



SDI ‘08


LOST Good - PSI

US Ratification Key to PSI Effectiveness

King, 8/22/07 Neil Jr, US Resistance to Sea Treaty Thaws,


Administration officials also argue that Washington's failure to sign on to the treaty has, in fact, undercut the Proliferation SecurityInitiative, a U.S. effort to enlist international help to cut off shipments of nuclear and missile technology to countries such as Iran or NorthKorea.Two countries that have declined to join PSI, Malaysia and Indonesia, recently cited Washington's spurning of the Law of the Sea Treaty astheir main reason.

Lost Key to PSI Effectiveness

Garamone, 9/27/07 (Jim, American Forces Press Service, Defense Dept Documents and Publications, Lexis)

The treaty guarantees right of passage through some of the most strategic areas of in the world. The Joint Chiefs of Staff sent a "24-star"letter to the Senate in June, urging accession. "The convention codifies navigation and overflight rights and high seas freedoms that areessential for the global mobility of our armed forces," the letter says. "It furthers our National Security Strategy, strengthens the coalitionand supports the President's Proliferation Security Initiative."The Proliferation Security Initiative is a collective approach of about 90 nations to use all their national and international authorities tointerdict the shipment of weapons of mass destruction and related material. "(The United States) joining the convention will help expandthe number of nations that participate in (the initiative)," Walsh said. "Strategic nations such as Indonesia and Malaysia will be more likelyto join (the initiative) if we in turn join the convention."

US Ratification key to Homeland Security and PSI Effectiveness

Englund, 9/27/07 (Gordon, dep sec defense, FNS)Homeland security. This is a positive treaty law for our Coast Guard to enforce our port security initiatives. And, again, we havesovereignty in our territorial sea and our continuous zone, and this is supported by the commandant of the Coast Guard. Frankly, we oweour soldiers, our sailors, our airmen, Marines and Coast Guardsmen the -- treaty-based rights, as opposed to the vaguarities of customaryinternational law -- and you'll hear more of that from Admiral Walsh.This is important, the support for combined operations with our Coalition partners. This eliminates the seams in the Coalitions and itfurthers our global partnerships. Again, as Secretary Negroponte commented, this supports the Proliferation Security Initiative. The vastmajority of the Proliferation Security Initiative countries that have joined with us are parties to this Convention, and U.S. membership willeliminate the barriers to more companies or more parties joining. It also permits U.S. warships to board stateless vessels on the high seas

US Ratification Key to PSIInside The Navy, 7/23/07Capt. Patrick Neher, the director of Navy international and operational law, attended the forum as an audience member. He said the UnitedStates is having some difficulty signing up other countries for the Proliferation Security Initiative because the United States has not agreedto the Law of the Sea. Malaysia and Indonesia were two countries that would not come aboard for PSI unless the United States accepts thetreaty, he said.

20





SDI ‘08


Lost Good – WMD Interdiction/Terrorism

Key to War on Terror

Schultz, 9/26/07 (George, Former Sec State, WSJ,http://www.hoover.org/pubaffairs/dailyreport/10033781.html)

Our participation would increase our ability to wage the war on terror. The convention assures maximum maritime naval and air mobility,which is essential for our military forces to operate effectively. It provides the stability and framework for our forces, weapons andmaterials to be deployed without hindrance -- ensuring our ability to navigate past critical choke points throughout the world.

US Ratification key to Heg, Global Power Projection and Success of War on Terrorism

Clark, 10/4/07 (Vernon, Former Chief of Naval Operations U.S. Navy, CQ Congressional Testimony)

We must be able to get to the fight rapidly. Strategic mobility is more important than ever. The oceans are fundamental to thatmaneuverability and joining the Convention supports the freedom to get to the fight, twenty-four hours a day and seven days a week,without a permission slip.Joining the Convention now will support and enhance ongoing U.S. military operations, including the continued prosecution of the globalwar on terrorism. It will enable our armed forces to defend us at home and abroad with legal certainty. It will provide a stable and

predictable legal regime within which to conduct our operations today, and realize our vision for the future.

LOST Ratification Key to PSI Effectiveness and Global Power ProjectionClark, 10/4/07 (Vernon, Former Chief of Naval Operations U.S. Navy, CQ Congressional Testimony)

A prime example of the kind of international cooperation we need to expand is the President's Proliferation Security Initiative (PSI). TheLaw of the Sea Convention strengthens this initiative, which aims to impede and stop shipments of weapons of mass destruction, their delivery systems, and related materials. Being party to the Convention will greatly enhance the Navy's ability to support the objectives of PSI by reinforcing and codifying freedom of navigation rights on which the Navy depends for operational mobility. Currently, the vastmajority of our PSI partners are Party to the Convention. We cannot remain outside the Convention and convince other nations that wetruly believe in the importance of the rule of law when we are not Party to the Convention which provides legal certainty throughout theworld's oceans.

US Ratification Key to Heg and War on Terror


Myth:

The Convention was drafted before - and without regard to - the war on terror and what the United States must do to wage it successfully.Reality:The Convention enhances, rather than undermines, our ability to wage the war on terror. Maximum maritime naval and air mobility isessential for our military forces to operate effectively. The Convention provides the necessary stability and framework for our forces,weapons, and materiel to get to the fight without hindrance. It is essential that key sea and air lanes remain open as a matter of internationallegal right and not be contingent upon approval from nations along those routes. The senior U.S. military leadership - the Joint Chiefs of Staff - has recently confirmed the continuing importance of U.S. accession to the Convention in a letter to the Committee.

21



SDI ‘08


Lost Good – Arctic

US Ratification Key to Arctic Claim and Oil Development

Eaton and Newton, 10/4/07 (Sam, Marketplace Morning Report Editor, George, Former Head US Arctic Research Commission,

http://marketplace.publicradio.org/display/web/2007/10/04/sea_law)

The Senate Foreign Relations Committee held a second round of hearings on a U.N. treaty called the Law of the Sea. The U.S. is the onlyArctic nation that hasn't yet ratified the 10-year-old treaty.Supporters say that means the U.S. doesn't have a seat at the table when it comes to negotiating offshore uses of the sea -- and with theArctic ice cap melting at a record pace, those uses have gained new relevance.GEORGE NEWTON: The basic essence is oil .

George Newton is the former head of the U.S. Arctic Research Commission. The U.S. government estimates that the Arctic seabed couldhold about a quarter of the world's untapped oil reserves. But Newton says as long as the U.S. refuses to sign the treaty, it's giving other arctic nations like Russia and Denmark a head start.

NEWTON: What countries want, and oil companies want, before they begin drilling in the Arctic Ocean is an element of certainty.

US Accession Key to Control of Arctic – Key to oil and Economy

Apodaca, ’07 (Martine, Legislative Director UNF Programs, OceanLaw.org, October)Mr. Gaffney also doesn't acknowledge that an international race for oil, fish, diamonds and shipping routes has begun and is beingaccelerated by global warming as the arctic ice cap recedes. At stake are a possible 460,000 square miles of Arctic seabed that could hold asmuch as 25 percent of the world's undiscovered oil and gas, valuable commodities like gold, diamonds, fishing stocks, and lucrative freightroutes.The race is on.Other nations are moving to take advantage of this situation. In August 2007, Russia planted its national flag on the seabed beneath the

North Pole, calling international attention to a dubious claim to ownership of the North Pole and the Lomonosov Ridge -- with substantial potential oil, gas, and mineral deposits. The Canadians are staking claims in the arctic as well. In August 2007, Canada's Prime Minister Stephen Harper set off on a three-day tour of the region and announced plans to build two new military bases to reinforce Canada'sterritorial claims, and the Canadians are spending $7 billion on new arctic patrol vessels.The U.S., however, has taken itself out of the race; only nations who are party to the Convention can make such claims -- or challenge theclaims of others. Thus, while nations struggle for control of the arctic, the U.S. is sitting on the sidelines.

US Ratification Key to Heg, Arctic Access and Territorial Claims

Newsday, 9/27/07An impressive coalition of environmental, military and business leaders urged the United States Senate this week to do what it should havedone 25 years ago: become a party to the United Nations Convention on the Law of the Sea. Far from eroding American sovereignty, ascritics have oddly maintained, this agreement can protect the nation's vital interests on a broad array of issues - but only if we're at the table,

along with 155 other nations.The irony is that the United States played a major role in the development of the treaty, which became available for signatures in 1982.President Ronald Reagan objected to its provisions on seabed mining. So the United States helped negotiate a side agreement that resolvedthe mining issue - a further constructive role for the nation in this process. Still, ideologues in the Senate dug in, citing those sovereigntyconcerns, and refused to let the nation sign on.

Now, the time is ripe for change. For one thing, there's a new player, the Joint Ocean Commission Initiative. Its chairmen, Leon Panetta andretired Adm. James Watkins, were the top signers of this week's letter to the Senate.For another, the melting of Arctic ice will open new sea lanes, and parties to the treaty can stake claims to areas of the ocean beyond their existing control. The convention provides a rational mechanism for adjudicating those claims. Some parties have already begun the process,

but the United States can't make credible claims until it's a party to the treaty.

22



SDI ‘08


A2: US Will Lose/Can Control Arctic Now

No Turns - International Recognition of Our Territorial Claims Crucial to Legal Certainty Key to

Investment

Negroponte, 9/27/07 (John, Dep Sec State, FNS)MR. NEGROPONTE: But when it comes to economic activity, which a lot of this deals with, whether it's seabed mining or continentalshelf exploitation, if you don't have some kind of international recognition, it becomes a lot harder to find investors and companies that aregoing to be willing to take the kind of risks that are involved in exploitative economic activities in what I think are fairly characterized asusually quite hazardous and challenging conditions -- you're getting out into the –

We’ll Win in Arbitration – Expertise, Empirics and We get to pick the arbitrators

Walsh, 9/27/07 (Pat, Vice Chief Naval Operations, FNS)MR. WALSH: As with any international arbitration, arbitrators are chosen by the sides. So we would pick the arbitrators in conjunctionwith the other side that we would want. We have very effective lawyers in arguing arbitrations. We win quite regularly. And you have gotarbitrators who you hope will rule fairly

23



SDI ‘08


Artic Oil Impact

Arctic Oil Key to Economy and Heg

NYT, 8/3/07The day's events underscored both Russia's restored sense of confidence and the international competition for access, influence and

extraction rights in the far north, which has intensified as oil and gas prices have surged and as trends in global warming have encouragedspeculation that the region could become more navigable.President Vladimir V. Putin called the members of the expedition to thank them personally, an unmistakable sign of the significance of theclaim to the Kremlin, which has reestablished itself as a world power in recent years in part through its control of its oil, gas, minerals andother commodities.Five countries -- Canada, Denmark, Norway, Russia and the United States -- have territory in the Arctic Circle and under internationalconvention have rights to economic zones within 200 miles of their borders. Denmark has sent its own scientific expeditions to study theopposite end of the ocean-spanning ridge and to seek proof that it is torn from the continental shelf north of Greenland, which is a Danishterritory.Several other countries seek to extend their influence in the circle, seeing the mostly unpopulated region's potential for providing ahydrocarbon and mineral rush. The ultimate demarcation, if geologists' estimates of its deposits prove true, could be a key to future national wealth and power.

Rising Prices and Energy Shocks Inevitable – Multiple Reasons – Only Arctic Oil Solves

McMurray, 10/4/07 (Claudia, Assistant Secretary for Oceans and International Environmental andScientific Affairs, State Dept Documents and Publications, Lexis)

The world community faces an unprecedented set of challenges in global energy that makes our energy security objectives more difficult toachieve. These include:* tight global supply and demand balances; * geopolitical challenges in major oil production centers; * exploding global economic growthdriving greater energy use; and * our shared concern over the global environment.Global energy markets are being shaped and strained by unprecedented economic growth in Asia. Natural gas, oil and coal demand areexpected to rise faster in East and South Asia than in any other region in the world. If the forecast growth rate of 3.0% annually ismaintained, oil demand in the region will roughly double by 2025.Many of the world's major oil producing regions are also locations of geopolitical tension, and possibilities exist of unexpected supplydisruptions. Instability in producing countries is the biggest challenge we face, and it adds a significant premium to world oil prices.Concurrently, we are faced with the rise of what is often called resource nationalism, where consumer countries attempt to "lock-up"upstream assets in the pursuit of a false notion of energy security, and where producer countries reject much needed foreign investment and

expertise in the face of declining production levels.Roughly two-thirds of the world's oil and gas reserves are in countries that provide limited access or are completely closed to foreigninvestment.

National oil companies own about 50 percent of the world's proven oil reserves. And we are seeing increasing instances of manipulation of resources in countries with large resource bases. Examples include: further limiting access to resources for commercialization;renegotiating contracts or even outright expropriation of assets; renationalizing assets; and cutting off supply.Because of these factors, prices have more than tripled since 2002, and in the last few days have reached record highs, over 84 dollars a

barrel. And we don't project much change in this in the near future because the uncertainties I've mentioned will likely still be with us anddemand will most certainly increase.As a result of all these factors, the Arctic region is set to play a major role in the world's future energy security. The United StatesGeological Survey estimates that the Arctic could be home to more than 25 percent of the world's undiscovered reserves of oil and naturalgas.

24



SDI ‘08


Lost Good – Oil Shocks

US Ratification Key Economy – Prevents Massive Oil Supply Shocks

Cox, 10/4/07 (Joseph, CEO Chamber of Shipping, CQ Congressional Testimony)Mr. Chairman and Senators, you have heard testimony about the vital movement of oil into our nation. There is an additional concern as

we shift to LNG from other sources of energy as we will have to import increasing amounts of LNG as well as other energy products into

our country. Yes, virtually all ships carrying our energy supply transit areas that are protected by the Law of the Sea provisions. Whileenergy supply is of obvious critical importance, we note that other types of ships, container ships, bulk ships and others also enjoy the samefreedom of navigation afforded the energy carriers. Our way of life depends on the freedom of the seas and the rights of innocent passage .Mr. Chairman and members of the committee, freedom of the seas and rights of innocent passage are not theoretical concepts. These arecritical aspects of the Law of the Sea Convention and ones that we rely on for the effective operation of our industry . We are veryconcerned with protection of those rights. Both US flag ships and ships owned or operated by American companies are impacted byinternational events. We rely on our nation to be actively involved. The U.S. should place itself in the most effective position to be a forcefor adherence to treaty obligations by all. We can do this by acceding to the treaty.My members operate in the international maritime world. We benefit from a consistent application of the rules that we have to follow.There are certainly fewer ships flying our flag than in years past although that does not mean we are less involved as a nation. The latestfigures we have seen place the United States as the sixth largest shipowning nation in the world. In recent months, we have seen actions bycompanies that will lead to more American seafarers serving on ships that fly the flags of other nations. Clearly we have a lot at stake.

US Ratification Key to Navigation Freedom – Key to Oil and Gas Imports Crucial To Economy

and Energy SecurityKelly, 10/4/07 (Paul, Consultant Rowan Company, former commissioner on the U.S. Commission on Ocean Policy, CQ Congressional

Testimony)Marine Transportation of PetroleumOil is traded in a global market with U.S. companies as leading participants, The LOS Convention's protection of navigational rights andfreedoms advances the interests of energy security in the U.S., particularly in view of the dangerous world conditions we have faced sincethe tragic events of September 11, 2001. About 44 percent of U.S. maritime commerce consists of petroleum and petroleum products.Trading routes are secured by provisions in the Convention combining customary rules of international law, such as the right of innocent

passage through territorial seas, with new rights of passage through straits and archipelagoes. U.S, accession to the Convention would putus in a much better position to invoke such rules and rights.U.S. Oil Imports at All-Time High

US Ratification Key to Navigational Freedom – Prevents Oil Shocks

Kelly, 10/4/07 (Paul, Consultant Rowan Company, former commissioner on the U.S. Commission on Ocean Policy, CQ CongressionalTestimony)The outlook for United States energy supply in the first 30 years of the new millennium truly brings home the importance of securing thesea routes through which imported oil and natural gas is transported.According to API's Petroleum Facts at a Glance for September 2007, total imports of domestic petroleum were 66 percent or 13,759,000

barrels per day. This is an extraordinary volume of petroleum liquids being transported to our shores in ships every day.The Department of Energy's Energy Information Administration (EIA), in its 2007 Annual Energy Outlook, projects that by 2030, netimports of crude oil on the basis of barrels per day, are expected to account for 71 percent of crude supply up from 66 percent in 2005.Looking at the September numbers from API makes one wonder whether 2030 is fast approaching.Growing Natural Gas ImportsETA's 2007 Outlook also states that, despite the projected increase in domestic natural gas production, over the next twenty five years anincreasing share of U.S. gas demand will also be met by imports. A substantial portion of these imports will come in the form of liquefiednatural gas (LNG). All four existing LNG import facilities in the U.S. are now open, and three of the four have announced capacityexpansion plans. Meanwhile, several additional U.S. LNG terminals are under study by potential investors, and orders for sophisticatednew LNG ships are being placed. This means even more ships following transit lanes from the Middle East, West Africa, Latin America,

Indonesia, Australia, and possibly Russia, to name the prominent regions seeking to participate in the U.S. natural gas market.Rising World Oil DemandAccording to the EIA, world petroleum consumption in 2004 was 82.3 million barrels per day. Up to 1985 oil demand in North Americawas twice as large as Asia. As developing countries improve their economic conditions and transportation infrastructure we could soon seeAsian oil demand surpass North American demand. By 2030 world demand is expected to reach nearly 1] 8 million barrels per day. Steadygrowth in the demand for petroleum throughout the world means increases in crude oil and product shipments in all directions throughoutthe globe. The Convention can provide protection of navigational rights and freedoms in all these areas through which tankers will betransporting larger volumes of oil and natural gas.

25



SDI ‘08


Lost Good – Foreign Oil Dependence

US Ratification Key to Solve Energy Security and Inevitable Oil Shocks

International Oil Daily, 10/9/07The Bush administration is lobbying the Senate to pass a controversial United Nations sea treaty that has gained significance as a handful

of Northern Hemisphere countries, including the US, Canada and Russia, seek to lay claim to potential oil and gas riches beneath meltingArctic ice caps.President Bush has expressed support for ratification of the UN Law of the Sea Treaty (Lost) despite long-standing opposition frommembers of his Republican party and conservative think tanks who say it impedes on US sovereignty and gives too much power to the UN.

Bush, however, realizes the potential energy riches at stake in the Arctic -- as well as the US need for more secure sources of supply -- andsays approval of the treaty, which has been in force since 1994, would give the US "a seat at the table" when the time comes to settle claimsabout who owns what in the Arctic.The US Geological Survey (USGS) has estimated that one-quarter of the world's undiscovered hydrocarbons lie above the Arctic Circle ,mostly in the form of natural gas.More than 150 countries are signatories to the UN treaty, including all the major players with Arctic coasts except for the US . Under thetreaty, a country with an Arctic coastline can claim a 200 nautical mile exclusive zone, plus any area it can prove is connected to its owncontinental shelf.Russia, Canada and Denmark are all trying to claim waters up to the North Pole, saying the Arctic seabed is part of their shelf , while

Norway hopes to extend its Arctic territory, too ( IOD Aug.20,p1 ).

Any country that wants to make a claim under Lost must do so within a decade of ratifying it. Russia 's deadline is 2009, Canada 's is 2013and Denmark 's 2014. The UN Commission on the Limits of the Continental Shelf will ultimately help determine Arctic claims.Cont…."If the United States does not ratify this treaty, our ability to claim the vast extended continental shelf off Alaska will be seriously impeded," Lugar said in his opening statement before last week's hearing. "In an era when our growing energy vulnerability exposes us tothe machinations of oil-rich states, we will be constraining the opportunities of our own oil companies to explore beyond the 200 mile limit,

by perpetuating legal uncertainty that is likely to prevent the large-scale investments that are required ."

Lost solves foreign oil reliance – key to economy

Kelly, 10/4/07 (Paul, Consultant Rowan Company, former commissioner on the U.S. Commission on Ocean Policy, CQ Congressional

Testimony)The offshore oil and natural gas industry spends billions of dollars annually in the search for and production of oil and natural gas in theworld's oceans. U.S. offshore production accounts for more than 27% of the country's oil production, and 15% of its natural gas production.Each year, offshore energy development contributes between $4 and 6 billion in revenues to the federal treasury. Millions are also paid to

states and local communities. The federal offshore produced approximately 500 million barrels of oil and about 3 trillion cubic feet of natural gas in 2006. In addition to activities in areas under United States jurisdiction such as Alaska and the Gulf of Mexico, our nation hassubstantial interests in offshore oil and natural gas development activities globally, given our significant reliance upon imported oil. U.S. oiland natural gas production companies, as well as oilfield drilling, equipment and service companies, are important players in thecompetition to locate and develop offshore natural gas and oil resources. The pace of technological advancement, which drove the need todefine the outer limits of the continental margin, has not abated. Advances in technology and increased efficiencies are taking us to greater and greater water depths and rekindling interest in areas that once were considered out of reach or uneconomic.Recognizing the importance of the LOS Convention to the energy sector , the National Petroleum Council, an advisory body to the United StatesSecretary of Energy, in 1973 published an assessment of industry needs in an effort to influence the negotiations. Entitled "Law of the Sea: Particular Aspects Affecting the Petroleum Industry," it contained conclusions and recommendations in five key areas including freedom of navigation, stableinvestment conditions, protection of the marine environment, accommodation of multiple uses, and dispute settlement. The views reflected in this study hada substantial impact on the negotiations, and most of its recommendations found their way into the Convention in one form or another. Having been satisfied

with the terms of the Convention, the U.S. oil and natural gas industry's major trade associations, including those I am representing today, havefor many years supported ratification of the Convention by the United States Senate. Also, the Outer Continental Shelf Policy Committee,an advisory body to the United States Secretary of the Interior on matters relating to our offshore oil and natural gas leasing program, hasadopted resolutions supporting the United States acceding to the Convention.

26



SDI ‘08


A2: Customary International Law Solves

Status Quo Doesn’t Solve – US Ratification Key to Navigational Freedom, US Influence in LOST

and International Negotiation Credibility

Moore, ’05 (John Norton, Prof Nat’l Security Law, Journal Int’l Affairs, 9/22)

Myth: Most of the benefits are available without the treaty. A major error in this assertion is that it altogether misses the ongoing struggle for navigational freedom in the world's oceans, a struggle requiring active U.S. engagement and leadership. Such a role is simply

impossible if we are the only permanent Security Council member not to adhere to the convention. It also fails to address the cost to theUnited States of being excluded from the principal institutions created by the convention, including the loss of a U.S. veto over major decisions concerning deep seabed mining. It is also wrong to ignore the permanent loss of a U.S. deep seabed mining industry that wouldresult from non-adherence. It further ignores the cost of the United States' international negotiating credibility in holding out requests for renegotiation of a major international agreement, and then turning our backs on the renegotiated agreement that met all of our requirements.

US Ratification key to Prevent Multiple Claims of Creeping Jurisdiction which Cumulatively

Crush Freedom of Navigation

Moore, ’05 (John Norton, Prof Nat’l Security Law, Journal Int’l Affairs, 9/22)Myth: Freedom of navigation is only challenged from "[t]he Russian navy [that] is rusting in port [and] China has yet to develop a

bluewater capability...." (14) The implication here is that the principal challenge to navigational freedom emanates from a major power and

that we do not have any particular national concerns about freedom of navigation. But the 1982 convention deals with the law of peace, notwar or self-defense. Thus, this argument misses altogether the serious and insidious challenge, which, again, is what the convention isdesigned to deal with; these repeated efforts by coastal nations to control navigation, including those from U.S. allies and trading partners, have through time added up to death by a thousand pin-pricks. This is the so-called problem of "creeping jurisdiction" which remainsthe central struggle in preserving navigational freedom for a global maritime power. After years of effort, we have won in the convention alegal regime that supports our efforts to control this "creeping jurisdiction." To unilaterally disarm the United States from asserting whatwas won against illegal claimants is folly and undermines our national security.

US Ratification Key to Solve 100s of Threats to Navigation Rights and Prevents Miscalculation at

Sea

Moore, ’05 (John Norton, Prof Nat’l Security Law, Journal Int’l Affairs, 9/22)Myth: U.S. adherence to the convention is not necessary because navigational freedoms are not threatened (and the only guarantee of free

passage on the seas is the power of the U.S. Navy). Wrong--it is not true that our navigational freedoms are not threatened. There are

more than 100 illegal, excessive claims around the globe that adversely affect vital navigational and over-flight rights and freedoms. The United States has utilized diplomatic and operational challenges to resist excessive maritime claims by other countries that interferewith U.S. navigational rights as reflected in the convention. On occasion, these operations have entailed a certain amount of risk (e.g., theBlack Sea bumping incident with the former Soviet Union in 1988). Being a party to the convention would significantly enhance our effortsto roll back these claims by, among other things, putting the United States in a far stronger position to assert its rights, thus affording additional methods of resolving conflict and aligning expectations of behavior at sea .

27



SDI ‘08


A2: Customary International Law Solves

US Ratification Key – Evolving Treaty Interpretation Will Crush Freedom of Navigation Unless

We Enhance Our Influence by Ratifying

Oxman, 10/4/07 (Bernand, Law Prof @ U Miami, CQ Congressional Testimony)

That system now exists. For the foreseeable future, it is the basis for the legal and political environment in which we operate every day. It is theonly plausible platform of principle for global operations.But law, even treaty law, never stands still. The question is: How will it evolve?In my opinion, by becoming party to the Law of the Sea Convention, the United States will be in a much stronger position to control the evolutionof the law of the sea and, in particular, to influence the perceptions of foreign nations regarding their rights and our freedoms off their coasts. Letme briefly explain why.Protecting American Interests: Because we are the main global maritime power, our interests demand that we consider the global effect of theConvention's rules and their interpretations; there are a number of issues that are of greater concern to us than to most other countries. It is not

prudent for us to sit idly by on the sidelines and rely on others to protect our global interests from the inside. For example, despite our close securityrelationship with most of its member states, there are disturbing signs that the European Community may try to shift the Convention's

balance in a sharply coastal direction in derogation of the freedom of navigation beyond the territorial sea and free transit of international straits.Practice of the Parties: The practice and views of the parties to the Convention regarding its meaning and application influence the perceptions and

behavior of lawyers and governments as well as judges, national and international. If left unattended, that practice is likely to evolve in the sameway that customary law would evolve, namely in derogation of the rights and freedoms on which we rely for global mobility. Yet other states findit odd when we criticize their actions as a violation of a treaty to which we have yet to become party. If the underlying challenge to the maintenanceof our interests in global mobility is to maximize our influence over the perception of coastal states around the world regarding their rights and our

freedoms off their coasts, then it stands to reason that the enhanced credibility our interpretations would acquire as party to the Convention is animportant element in protecting and advancing our interests now and in the future.

Customary International Law Can’t Solve – US Ratification Key to Prevent Restrictions on

Freedom of Navigation


In attempting to address this problem, we must recognize that there are many reasons why a coastal state may not wish to accord maximumfreedom to foreign ships and aircraft off its coast. It may prefer to control natural resource activities off its coast. It may prefer to control

pollution from foreign ships off its coast. It may fear implications for its security of foreign operations off its coast. It may even hope toleverage control over offshore areas in order to extract political and economic concessions from those who need to pass through or lay andmaintain cables in such areas. Even though it is the principal global maritime power with the most to benefit from maximum freedom touse the seas off foreign coasts, the United States shares many of the interests of other coastal states in controlling activities off the coast.The result is a contradiction. At best, many coastal states want to maximize freedom off foreign coasts while maximizing their control over

foreign activities off their own coasts. At worst, a fair number of people don't even worry about global mobility, and think of interests in thesea exclusively in terms of controlling foreign activities off the coast. The real challenge in the law of the sea is to reconcile the tension in amanner that reasonably accommodates the conflicting interests both within and between states over time.If the law of the sea is left to drift, it will drift in the direction of increasing coastal state restrictions on global freedoms. This is not idlespeculation. It is precisely what happened in the 20th century. That century began with free high seas except for a narrow 3-mile band alongthe coast. It ended with coastal state sovereignty within liberal baselines enclosing internal and archipelagic waters, coastal statesovereignty within a 12-mile territorial sea measured from those baselines, coastal state sovereign rights and jurisdiction for many purposeswithin a 200-mile exclusive economic zone, and coastal state sovereign rights over resources of a continental shelf that may extend evenfurther where the continental margin is wider than 200 miles. I traced this process in greater detail in a recent essay that, with your

permission, Mr. Chairman, I propose to append to this statement for the Committee's convenience. 3 The result in this century is that thedrift toward increased coastal state control has already consumed the valuable natural resources of the sea and seabed in large areas off thecoast. Now the target of new assertions of coastal state control is more likely to be navigation and overflight and telecommunications.The reality is that the areas of greatest importance to our global mobility are already subject to coastal state sovereignty or sovereign rights.Our capacity to move around the world depends on the willingness of these coastal states to respect navigation and overflight and relatedrights and freedoms in waters they already perceive to be theirs. The challenge is not to our capacity to make legal arguments. Thechallenge is to our ability, at minimum cost to ourselves, to persuade foreign coastal states to restrain their own claims and actions in thefirst place. Customary international law will not work well in this situation. Customary law is the creature of state practice. The likely drift of state practice is in the direction of increasing restraints on our global mobility that will be costly to respect and costly to resist .

28



SDI ‘08


A2: Naval Force Solves

Using Unilateral Naval Action To Ensure Freedom of Navigation Fails, Collapses War on Terror,

allied Relations and Causes Conflict – US Ratification Key

Lugar, 10/4/07 (Richard, Senate Foreign Relations Expert, CQ Congressional Testimony)

As I have listened to the arguments critics have made, some are simply false, others are highly speculative or sensationalist claims that are

sharply contradicted by our national security leadership , including President Bush. But other objections can be traced to baseline philosophicalobjections to the fundamental idea of a multi-lateral treaty that delineates rights and responsibilities of member states. As I mentioned in the first hearing,

these philosophical objections often have been connected to the wish for a U.S. ocean policy that relies on power projection to protect U.S.interests. But as Admiral Walsh testified, this is not a practical solution in the real world. He pointed out that "many of the partners that wehave in the Global War on Terror who have put life, limb, and national treasure on the line are some of the same ones where we havedisagreements on what they view as their economic zone or their environmental laws. It does not seem to me to be wise to now conductFreedom of Navigation operations against those very partners that. . .are in our headquarters trying to pursue a more difficult challengeahead of us, which is a Global War, a Global War on Terror." Even a mythical 1,000 ship U.S. Navy could not come close to patrollingevery strait, protecting every economic interest, or asserting every navigational right. Attempting to do so would be prohibitively expensiveand destructively confrontational.It is this recognition, coupled with the understanding of the limits of customary international law, that have impelled a succession of seven

Presidents to move the concept behind this treaty toward realization. The last seven administrations have understood that treaty law is the best option for gaining maximum leverage for U.S. ocean interests . If anyone doubts that President Reagan did not act to legitimize the concept of the Law of the Sea treaty, I

would refer them to President Reagan's two fundamental presidential statements on ocean policy. The first was issued on January 29, 1982. The President said: "Last March, Iannounced that my administration would undertake a thorough review of the current draft and the degree to which it met United States interests in the navigation, overflight,fisheries, environmental, deep seabed mining, and other areas covered by that convention. Our review has concluded that while most provisions of the draft convention areacceptable and consistent with the United States interests, some major elements of the deep seabed mining regime are not acceptable. I am announcing today that the United Stateswill return to those negotiations and work with other countries to achieve an acceptable treaty."cont…Finally, we should not miss the irony that in 2002, the year that President Bush decisively repudiated the Rome Statute, he also sent a treaty pr iority list to the Foreign RelationsCommittee designating the Law of the Sea as one of just five "urgent" treaties requiring action. President Bush has not been regarded as an enthusiast for multi-lateral agreements.

Yet he understands what his six predecessors understood - that the Law of the Sea Convention is our best opportunity to bolster international law relatedto the oceans in a way that benefits U.S. interests.

Naval Power Alone Can’t Secure Freedom of Navigation – LOST Ratification Key to Power

Projection, Economy, Global Cooperation, and Solving WMD Terrorism


We depend on a strong Navy to secure and promote our maritime safety and security. However, it is clear that the United States and its Navy cannot effectively do it alone. We must rely on partner nations and coalition efforts to provide for a free and secure maritimedomain. Global partnerships of likeminded nations are the future of our national security strategy. Through mutual assistance, nations canleverage common interests and increase their potential. While the United States is and will continue to conduct unilateral operations when necessary,

we can share the burden and improve readiness of allies' navies through cooperative efforts with maritime nations who share a common interest and a

reliance upon international commerce, safety, security, and freedom of the seas . To maximize the effectiveness of these efforts to combattransnational criminal organizations and other dangerous uses of the oceans to disrupt sea lane passage and global commerce, we need toclose the seams among like-minded nations.We and our coalition partners need to be fully committed to the same set of rules for the full range of maritime operations, but your Navy isat a distinct disadvantage with the United States being outside the Law of the Sea Convention. 154 nations are owners of a Magna Carta for the oceans that guarantees robust navigational freedoms throughout the world's largest maneuver space. We on the other hand only get touse it on loan and have to filter our support for what it provides through the lens of customary international law.

Unilateral Freedom of Navigation Operations Undermine Ability to Challenge Excess Maritime

Claims and Changing Interpretations of Customary International Law – US Ratification Is Key


For many years now, we have remained outside the Convention. We have asked our young men and women to conduct freedom of

navigation operations. One such operation resulted in the Black Sea bumping incident between U.S. and Soviet warships. As a commanding officer, I had,unfortunately, the privilege of conducting those kinds of operations at too close of quarters.

What that means to me is that these kinds of operations, because these are what we're largely left with when we do not have agreements with other nations, and clear international standing, sometimes puts us at great risk to challenge the excessive maritime claims that other countriesmay make to prevent those claims from becoming customary international law.Mr. Chairman, in my view, we need a better venue. We need more than just freedom of navigation operations to maintain freedom of theseas. We should not rely only on that limited ability to formalize our international posture. We can do better than that. We should look for every possible

guarantee that we can find to ensure our sailors' safety and to keep them from needlessly going into harm's way. And that's why I believe that we need to join theLaw of the Sea Convention, so that our people know when they're operating in the defense of this nation's national interests, far from our shores, that they have the backing and that they have the authority of widely recognized and accepted law to look to, rather than dependingonly upon the threat or the use of force or customary international law that can be too easily changed.

29



SDI ‘08


A2: Empirically False

Its Not Empirically False – Ratification Now is Key


WE NEED TO JOIN NOW

Some may ask why, after the Convention has been in force for thirteen years, there is an urgent need to join. There are compelling reasonswhy we need to accede to the Convention now.Although the first several years of the Convention's life were fairly quiet, its provisions are now being actively applied, interpreted, anddeveloped. The Convention's institutions are up and running, and we -- the country with the most to gain and lose on law of the sea issues --are sitting on the sidelines. For example, the Commission on the Limits of the Continental Shelf (which is the technical body charged withaddressing the continental shelf beyond 200 nautical miles) has received nine submissions and has made recommendations on two of them,without the participation of a U.S. commissioner. Recommendations made in that body could well create precedents, positive and negative,on the future outer limit of the U.S. shelf. We need to be on the inside to protect our interests. Moreover, in fora outside the Convention, the

provisions of the Convention are also being actively applied. Our position as a non-Party puts us in a far weaker position to advance U.S.interests than should be the case for our country.

30



SDI ‘08


A2: Lost Bad – General – Impact Calc

All your LOST Bad arguments are really stupid, cause policy paralysis and bad decisionmaking–

prefer our impacts – only our evidence explains how to evaluate our competing claims*****


Mr. Chairman, I have outlined some of the benefits of becoming a party to the Convention. But as many of us have learned, the best thingsin life may be free, but the rest has a price. What exactly is that in this case? A treaty is typically a reciprocal bargain in which each of the

parties agrees to limit its own freedom of action in exchange for the limitations imposed on the others. That, Mr. Chairman, is an exerciseof sovereignty. Indeed, entering into treaties with foreign powers is one of the most important ways in which sovereignty is exercised. Themost significant obligation that we undertake as a party to the Convention is to respect the same substantive rights and freedoms as everyother state under the Convention. But this involves no incremental cost to us. The Convention is in fact the platform of principle on whichwe rely to protect our own interests at sea every day. President Reagan committed us to respect those rights and freedoms, and thatcommitment has been honored by all of his successors and by Congress in relevant legislation. The reason for undertaking the commitmentis to promote our interests in persuading other states to do the same; thus, we would undermine our own interests if we abandoned our respect for the Convention even if we did not become party. By becoming party to the Convention, we also acquire rights as well as dutiesunder the institutional and dispute settlement provisions of the Convention. The institutions created by the Convention are independentorgans and are not part of the United Nations.

In this regard, let me emphasize that I would expect any first- year law student to be able to conjure infinite risks of incalculablemagnitude from virtually any legal text. The real question for those entrusted with policy decisions is one of assessing probable

risks and probable benefits and their probable magnitude. It is that perspective that informs my own analysis; it is one that I believewould be most useful to members of the Committee.Cont…My conclusion, therefore, is that the probable costs and risks are small , that the magnitude of the probable benefits is very high, and accordingly that America's interests are best served becoming party to the Convention. To put it differently, the risks of damage toAmerica's long-term security, economic, and environmental interests by not becoming party to the Convention are far greater than the risks of becoming a party . The major stakeholders in our country agree that the United States would benefit substantially from becoming

party to the Convention. They are supported by an extraordinary array of present and former political and military leaders of our country'sforeign, defense, and economic policies. Virtually all of our friends and allies around the world are already party to the Convention, andremain puzzled by our hesitation.

31



SDI ‘08


A2: Lost Bad – General – Not Unique

Your Turns Are Totally Not Unique – Only Risk of a Turn

Lugar, 9/27/07 (Richard, Senator and Foreign Relations Badass,http://lugar.senate.gov/press/record.cfm?id=284357&&year=2007&)Opponents seem to think that if the U.S. declines to ratify the Law of the Sea, the United States can avoid any multi-lateral responsibilities

or entanglements related to the oceans. But unlike some treaties, such as the Kyoto Agreement and the Comprehensive Test Ban Treaty,where U.S. non-participation renders the treaty virtually irrelevant or inoperable, the Law of the Sea will continue to form the basis of maritime law regardless of whether the U.S. is a party. International decisions related to national claims on continental shelves beyond 200miles from our shore, resource exploitation in the open ocean, navigation rights, and other matters will be made in the context of the treatywhether we join or not.Consequently, the U nited States cannot insulate itself from the Convention merely by declining to ratify. The Convention is the accepted

standard in international maritime law. Americans who use the ocean and interact with other nations on the ocean, including the Navy,shipping interests, and fisherman, have told me that they already have to contend with provisions of the Law of the Sea on a daily basis. They want the U nited States to participate in the structures of Law of the Sea to defend their interests and to make sure that other nations respect our rights and claims.Given that the United States has been abiding by all but one provision of the Treaty since President Reagan’s 1983 Statement of Oceans

Policy and that we have been a party to a less advantageous international convention on ocean law since 1958 , dire predictions about thehazards to our sovereignty of joining the Law of the Sea ring particularly hollow.

Your Turns Are Not Unique – 3 Reasons


Joining is a win/win proposition. We will not have to change U.S. laws or practices, or give up rights, and we will benefit in a variety of ways. The United States already acts in accordance with the Convention for a number of reasons:1. * First, as noted, we are party to a group of 1958 treaties that contain many of the same provisions as the Convention.2. * Second, the United States heavily influenced the content of the 1982 Convention, based on U.S. law, policy, and practice.3. * Finally, the treaty has been the cornerstone of U.S. oceans policy since 1983, when President Reagan instructed the Executive Branchto act in accordance with the Convention's provisions with the exception of deep seabed mining.Thus, we are in the advantageous position in the case of this treaty that U.S. adherence to its terms is already time-tested and works well.At the same time, the United States would gain substantial benefits from joining the Convention - these can be summarized in terms of security, sovereignty, and sustainability.

Impact Turns Are Oversimplified, Wrong and Not Unique – We’re Already Party to a 1958

Convention that links to all their arguments more

Moore, ’05 (John Norton, Prof Nat’l Security Law, Journal Int’l Affairs, 9/22)As national security professionals who have spent much of our lives working on oceans and security issues, we believe that Senate adviceand consent to ratification of the Law of the Sea Convention is strongly in the national interest of the United States. Elsewhere we haveeach testified at length as to why advice and consent is urgently needed. (1) This short paper, which supplements our earlier testimony,ismotivated by our mutual concern that the arguments being against the treaty are simplistic and erroneous.

Not only are the specific cases advanced against the treaty wrong,but more importantly, its critics ignore the powerful masons for U.S.compliance, including the fact that the 1982 convention supercedes the far less favorable 1958 convention that is currently in force. ( 2)This response will first briefly summarize a few of the broader issues ignored by the critics and will then address the erroneous argumentsor "myths" that are advanced against the convention.We respect the privilege of all Americans to disagree with their elected officials; it is only through a full exchange of views that truthemerges. Perhaps, as Churchill said, we should "not resent criticism, even when, for the sake of emphasis, it parts for the time with reality."(3) Nevertheless, the critics, some of whom are personal friends, are mistaken in their opposition to the convention and we cannot stand byidly while myths are advanced against a treaty of the utmost importance to U.S. national security.

32



SDI ‘08


A2: Lost Bad – General – Internal Link Turn

LOST Inevitably Constrains US Even if we don’t join – Only Becoming a Party Increases Our

Influence and Prevents Restraints


Judicial and arbitral bodies: Interpretations rendered by judicial and arbitral tribunals established under the Convention will also influencethe perceptions and behavior of lawyers and governments around the world and the future understanding of the law. While the actual

judgment may be binding only on the parties to a case, the effect of a judicial or arbitral decision on perceptions of the law is not limited to parties to a case or even to parties to the Convention. By joining the Convention the United States would have the right to nominate and participate in the election of judges to the International Tribunal for the Law of the Sea (ITLOS) that sits in Hamburg, as well the right toadd names to the lists from which arbitrators are selected under the Convention. Moreover, by joining the Convention, the United Stateswould enhance the likelihood that judges and arbitrators would pay serious attention to its views regarding the interpretation andapplication of the Convention, even in cases where the United States is not a party to the dispute and has not exercised its right to interveneunder the Convention.Thus, even though the United States opts for arbitration under the Convention rather than accepting the jurisdiction of ITLOS, by joiningthe Convention our influence will extend well beyond any arbitration to which we may be a party. Moreover, we gain the right to seek urgent temporary provisional measures from ITLOS pending the constitution of an arbitral tribunal. As the Senate recognized when itapproved the existing Implementing Agreement regarding fisheries to which we are already party, this enhances our leverage over foreignfishing on the high seas adjacent to our exclusive economic zone. Becoming party to the Convention extends that leverage to fishingvessels flying the flag of any country that is party to the Law of the Sea Convention

Your Turns are Inevitable – US Ratification Only Enhances Our Interests – Internal link turns all

your offense

Moore, ’05 (John Norton, Prof Nat’l Security Law, Journal Int’l Affairs, 9/22)The critics seem to suggest that if only the United States refuses to adhere, the convention will disappear. But it is already in force for 148nations, is acknowledged by the United States as a reflection of customary law and is the core of modern ocean law. Continued non-adherence would not, for example, end the existence of the International Seabed Authority (ISA) (explained below), but woulddisenfranchise the United States and remove our veto over the potential distribution of seabed mining revenues . Parties to the treatyinclude every major developed nation, all NATO members except Turkey and the permanent members of the UN Security Council. As amajor maritime nation, theUnited States' absence stands out.

No Turns – LOST Inevitably Sets Maritime Law – US Involvement can only increase our influence

Environment and Energy Daily, 10/5/07In the end, the strongest argument for ratification may be that the U nited States cannot avoid the treaty, said Lugar."Unlike some treaties, such as the Kyoto Agreement and the Comprehensive Test Ban Treaty ... the Law of the Sea will continue to formthe basis of maritime law regardless of whether the U.S. is a party," he said. "If we fail to ratify this treaty, we are allowing decisions thatwill affect our Navy, our ship operators, our offshore industries and other maritime interests to be made without U.S. representation."

Your Turns Are Note Unique – Ratification Can Only Increase US Influence

Negraponte, 9/27/07 (John, Dep Sec State, FNS)What do we have to do in exchange for securing these benefits? We will not have to change U.S. lawand practices, or give up rights largely because we have already followed the Convention, per the

mandate from President Reagan. In other words, we have been living with the Convention for years andit has stood the test of time.The first several years of the Convention's life was fairly quiet, but now its provisions are being activelyapplied, interpreted and developed, and we are on the sidelines. One example is the technical bodyreviewing the Continental Shelf beyond 200 miles. Its recommendations, which are being made without participation of a U.S. expert, will affect our rights with respect to other countries' shelves, in addition tocreating precedence that could affect the future outer limit of our own shelf.

33



SDI ‘08


A2: Lost Bad – General – Qualifications

Prefer Our Evidence – It Accounts for Every Possible Risk and is the most thoroughly expert

reviewed national security assessment ever – our card actually says this

Moore, ’05 (John Norton, Prof Nat’l Security Law, Journal Int’l Affairs, 9/22)The critics sometimes advance "conspiracy" or "personality" theories that suggest that the president has been hoodwinked by VicePresident Dick Cheney, military holdovers from the Clinton administration or unnamed "special interests." But such charges ignore thereality of what is perhaps one of the most careful processes for determining national interests in any area of foreign policy: the negotiating instructions during the Nixon and Ford administrations that were developed by an 18-agency task force set up within the

National Security Council by presidential order to ensure full vetting of national interests. This process included an almost 100-member private sector advisory committee, the NSC Interagency Task Force on the Law of the Sea, which represented every oceans interest as wellas representatives of the Senate. A similar methodology was employed by subsequent administrations. Indeed, there has probably never been a process as thoroughly dedicated to national interests on any complex issue of foreign policy Over the subsequent years, the Reagan administration conducted a full interagency review, which concluded that the provisions of the convention other than those onseabed mining were in the national interest. The Clinton administration then conducted a review before submitting the convention, with therenegotiated Part XI on deep seabed mining, to the Senate in 1994. Most recently, the Bush administration performed careful reviews

before twice recommending the convention to theSenate's top priority list of treaties. This review included an exhaustive examination bythe Defense Department on every objection raised, no matter how remote the risk , followed by another interagency review of all

recommended U.S. statements for the proposed Senate resolution of advice and consent. For more than a quarter century, the Joint Chiefsof Staff and the Navy, fully understanding strategic needs for naval mobility, have been among the strongest supporters of the convention.We also note that recently, high-level administration officials have strongly supported the United States' accession to the convention. Theseofficials include Condoleezza Rice, in her confirmationhearing as secretary of state, and John Bellinger, during his confirmation hearing aslegal adviser of the Department of State. Even JohnBolton, in his confirmation hearing as U.S. ambassador to the UnitedNations, testifiedin support of the administration's decision to make accession to the convention a priority.

Prefer Our Evidence – The Qualifications Debate is a Crush

Moore, ’05 (John Norton, Prof Nat’l Security Law, Journal Int’l Affairs, 9/22)Finally, the critics brush aside the consensus among affected ocean interests and knowledgeable oceans experts in the United States in

favor of their own judgment as persons who clearly lack expertise in international law or operational U.S. maritime policy . Indeed, fewconventions have been so unanimously supported by knowledgeable experts and affected interests . Supporters include every president,

both Democrat and Republican, who has considered the convention subsequent to the successful 1994 renegotiation of Part XI on deepseabed mining, Joint Chiefs chairman, combatant commanders and secretaries of state from the Nixon administration to today; not to

mention every affected U.S. oceans interest including the oil and gas industry, fisheries, shipping and oceanic cables industries; to marinescientists and environmentalists. Most recently, the congressional U.S. Oceans Commission and the new Bush administration OceansInteragency Task Force boh unanimously recommended Senate advice and consent on the convention. As deliberations continue, senatorsmight want to ask who they trust more for national security advice: every chair man of the Joint Chiefs, the combatant commanders of our united geographic commands and the consistent view of the Navy since the Nixon administration, or those few who admittedly are notnaval, oceans or international law experts. Further, how can the totality of U.S. agencies, military departments and private sector oceansindustries representatives constitute a "special interest" as charged by the critics? By what criteria are the most vocal critics not special interests?

34



SDI ‘08


A2: Allows Excess PRC Claims

LOST Doesn’t Allow Excessive PRC Claims

Moore, ’05 (John Norton, Prof Nat’l Security Law, Journal Int’l Affairs, 9/22)Myth: The PRC asserts that the convention entitles it to exclusive economic control of the waters within a 200-nm radius of its artificialislands, including waters transited by the vast majority of Japanese and American oil tankers en route to and from the Persian Gulf. This iswrong on both facts and law. The U.S. government is not aware of any claims made by the PRC to a 200-mile economic zone around itsartificial islands. Any claim that artificial islands generate a territorial sea or EEZ would be illegal under the convention. The conventionspecifically provides that artificial islands do not have the status of islands and have no territorial sea or EEZ of their own.

35



SDI ‘08


A2: Restricts Military

Our Link Comes First – Navigational Freedom is a Prerequisite to the activities they claim we

restrict

Moore, ’05 (John Norton, Prof Nat’l Security Law, Journal Int’l Affairs, 9/22)Myth: The convention is harmful to the Proliferation Security Initiative (PSI). Again, this is false. The PSI has already been negotiated

explicitly in conformance with the convention, and not surprisingly so, since the nations with which we coordinate in that initiative are parties to the convention. This charge apparently rests on the false belief that if the United States does not adhere to the convention, it will be free from any constraints in relation to oceans law. Again, this is a false assumption; we are today a party to the 1958 GenevaConvention that is much more restrictive than the 1982 convention now before the Senate. This charge is also misguided as it fails tounderstand the critically important interest we have in protecting navigational freedoms on, in and above the world's oceans. Theconvention allows our vessels to get on station, a capability that is essential before any issue even arises about boarding . Moreover, weemphatically do not want a legal regime that would permit any nation to seize U.S. commercial vessels in the world's seas. That would be amassive loss of U.S. sovereignty! The PSI was carefully constructed with parties to the 1982 convention, using the flag state, port state andother jurisdictional provisions of the 1982 convention precisely to avoid this problem. Nor is this charge at all realistic in failing to note thatnothing in the Law of the Sea Convention could or does trump our inherent rights to individual and collective self-defense. Most recently,we note, Under-Secretary of State John Bolton, a principal architect of the PSI, testified to the Senate that adhering to the convention willnot harm the PSI.

LOST Doesn’t Restrict US Military or Give Excess Authority to International Dispute Settlements

and All Your Turns Are Not Unique Anyway –5 Reasons- consensus of convention rejects application to military activities- dispute settlement jurisdiction is severely limited- 100’s of currently binding international agreement give more restrictive authority to international dispute settlement- Senate has already approved provisions which incorporate LOST Dispute resolution procedures- Dispute resolution key to commercial navigation

Moore, ’05 (John Norton, Prof Nat’l Security Law, Journal Int’l Affairs, 9/22)Myth: U.S. military activities will be subject to a world court. There was consensus in the convention negotiations that military activitiesshould be exempted from dispute settlement. Accordingly, Article 298 of the convention permits nations to opt out of the dispute settlement

provisions for military activities, and under the president's submission, as embodied in the Senate draft resolution of advice and consent,this option is unmistakably exercised for the U nited States. Further, the scope of dispute settlement is in general severely limited. For example, none of the United States' decisions relating to foreign fishermen's access to our fish stocks are subject to dispute settlement. Inaddition, as embodied in the president's submission and the Senate draft resolution, the United States will be accepting "arbitration" as our

preferred modality of dispute settlement rather than the International Court of Justice (ICI) or the International Tribunal for the Law of theSea (ITLOS). The United States is already a party to literally hundreds of international agreements, including more than 85 submittingdisputes to the ICI, that provide for compulsory dispute resolution. Recently, the Senate approved the 1995 agreement implementing certainfisheries provisions of the convention, an agreement strongly supported by U.S. fishing interests, which incorporates by reference the

dispute resolution procedures of the convention. As a result of these agreements, remedies are often available when the rights of theUnited States or its citizens are violated by other countries. In this connection, compulsory dispute settlement is particularly useful incontrolling illegal interference with commercial navigation. Because of its importance in constraining these illegal claims, even the former Soviet Union was persuaded of the convention's importance despite its longstanding general opposition to compulsory dispute settlement.The severely cabined dispute settlement procedures in the convention are far more restrictive than those in most other resolution

provisions already binding on the U nited States. Moreover, asnoted above, the convention allows us to opt for special arbitrationover theICJ or the ITLOS.

LOST Doesn’t Limit Military in Any Way – It Excludes Military Activities and US Has Exclusive

Authority to Define Military Activities


Myth:The Convention would permit an international tribunal to second-guess the U.S. Navy.Reality:

No international tribunal would have jurisdiction over the U.S. Navy. U.S. military activities, including those of the U.S. Navy, would not be subject to any form of dispute resolution. The Convention expressly permits a party to exclude from dispute settlement those disputesthat concern "military activities." The United States will have the exclusive right to determine what constitutes a military activity.

36



SDI ‘08


A2: Restricts Military

US Would Get to Define What Counts as Military Activities under LOST

Negroponte, 9/27/07 (John, Dep Sec State, FNS)I want to make sure that, for the record, your position on the other point that Senator Vitter mentioned is clearly stated. Let me just ask you

if my understanding is correct. I believe what you were saying is -- looking at Article 298 , it basically exempts disputes concerning militaryactivities, but -- from my reading of it -- is silent as to what the enforcement mechanism would be.And as someone who used to draft legislation here, I'm not sure this directly applies, but I want to -- this is my understanding. What your

position is, that any time legislation is silent, existing law prevails. And any time this sort of treaty provision is silent, it goes back to thelaw of the individual country involved. Is that essentially what you're saying?MR. : Yes, sir. We specifically negotiated the treaty, and we had the same interest as other major powers, like the Russians or Chinese, whocertainly did not want to have their military activities subject to dispute resolution, so we had a commonality of interest here to have a

provision that allowed us in the treaty to opt out of any dispute resolution involving our militaries. That's a right you have under the treaty,and we would do that.Then the senator has raised a fair question as to, well, who decides what's a military activity? It's not defined in the treaty, so under generaltreaty practice, if it's not contrary to language in the treaty, it would be up to us to decide. And I'm sure that other major countries would take exactly the same position.

Declaration of US Authority to Define Military Activities exemption is Explicitly Supported in

Convention and Tons of Other Parties Have the Same DeclarationMoore, ’05 (John Norton, Prof Nat’l Security Law, Journal Int’l Affairs, 9/22)Myth: Other parties will reject the U.S. "military activities" declaration as a reservation. The U.S. declaration is consistent with theconvention and is not a reservation. It is an option explicitly provided by Article 298 of the convention. Other parties to the convention thathave already made such declarations exercising this option include the United Kingdom, Russia, France, Canada, Mexico, Argentina,Portugal, Denmark, Ukraine and Norway.

LOST Excludes Military Restrictions and Your Turns Are Empirically False

Walsh, 9/27/07 (Pat, Vice Chief Naval Operations, FNS)

Third, we've been operating under the convention since 1983 when President Reagan determined that, with the exception of the deepseabed mining provisions which were later fixed, the United States government would adhere to the convention and demand the same fromothers.

Fourth, joining the convention will not subject our armed forces to the jurisdiction of international tribunals or arbitration panels. Theconvention is very clear on these points. It recognizes and confirms the sovereign status of warships , government vessels used for noncommercial purposes and military aircraft. The convention is not an arms control treaty. The U nited States, like other nations, will exclude its military activities from the dispute resolution process.

Lost Doesn’t Restrict Military Activities – Critics misunderstand International Law – 2 Reasons – only applies to acts of war, not military activities for peaceful purposes- Prefer our Evidence – theirs is theoretical – ours speaks to other countries practice


The critics evince little knowledge of international or oceans law , and consequently make arguments contrary to U.S. interests. For example, some have argued that the provision in Article 88 that limits use of the high seas for "peaceful purposes" would constrain U.S.warships or prevent military activities on the high seas. (6) But to make this argument is to unknowingly adopt the "old" Soviet line, no longer embraced even by Russia, which was never supported by the United States. During the negotiations, the U.S. representative

accurately described the "peaceful purposes" language when he said:The term "peaceful purposes" did not, of course, preclude militaryactivities generally. The United States had consistently held thatthe conduct of military activities for peaceful purposes was in fullaccord with the Charter of the United Nations and with the

principles of international law. Any specific limitation on militaryactivities would require the negotiation of a detailed arms controlagreement. (7)

37



SDI ‘08


A2: Lost Hurts Heg – Intell Gathering

US Ratification Doesn’t Undermine Intelligence or Sub Activity – Consensus of Experts Agree and

We Follow the Convention Provisions Now


Myth:The Convention would prohibit or impair U.S. intelligence and submarine activities.Reality:The Convention does not prohibit or impair intelligence or submarine activities. Joining the Convention would not affect the conduct of intelligence activities in any way . This issue was the subject of extensive hearings in 2004 before the Senate Select Committee onIntelligence. Witnesses from Defense, CIA, and State all confirmed that U.S. intelligence and submarine activities are not adverselyaffected by the Convention. We follow the navigational provisions of the Convention today and are not adversely affected; similarly, wewould not be adversely affected by joining.

US Ratification Doesn’t Restrict Intell Gathering

Negroponte, England and Walsh, 9/27/07 (John, Gordon and Pat, Dep Sec State, Dep Sec Defense,Vice Chief Naval Operations, FNS)Gentlemen, there are critics who have stated that the convention would impair intelligence gathering activities. They point to Articles 19

and 20 and claim for example that they prohibit submarines from transiting submerged through the territorial sea of another country inorder to gather intelligence and that if caught the coastal state could bring the case to the International Tribunal for the Law of the Sea. Doyou believe that this is a legitimate concern?Secretary Negroponte?MR. NEGROPONTE: No, sir, because nothing impedes a submarine from proceeding submerged in the territorial sea of another country. Itsimply wouldn't enjoy the right on innocent passage but that does not prevent it from being able to navigate submerged through theterritorial sea of another country.SEN. WEBB: Secretary England?MR. ENGLAND: Mr. Chair, if I could just add that this was a subject of extensive briefings before the committee in 2004; they wereclosed briefings. That was probably -- those were not before this Senate Committee on Intelligence. We have reviewed those hearings bothourselves, the DNI, I believe the secretary of State, we all still today support those hearings and the comments made. The conclusions thosehearings was that this would have no effect on any of our intelligence activities. But they were closed so I would refer to those hearings, sir.SEN. WEBB: Admiral Walsh, would you have anything to add?MR. WALSH: Support comments previously made here, sir. I do not see the objections raised by the critics on this point. We have beenoperating really by the provisions of the treaty since 1983. And we have not had to change our activities as result of the treaty or followingit.

Your Intelligence Gathering Argument is totally wrong and terminally not unique – experts agree

Moore, ’05 (John Norton, Prof Nat’l Security Law, Journal Int’l Affairs, 9/22)Myth: The convention would interfere with the operations of our intelligence community. Having either chaired or participated in the 18-agency National Security Council interagency process that drafted the United States' negotiating instructions for the convention, we foundthis charge so bizarre that we recently checked with the intelligence community to see if we had missed something. The answer that came

back was that they, too, were puzzled by this charge, as there was absolutely no truth to it . We are confident that there is no provision inthe convention which will, if approved by the Senate, constrain the operations of our intelligence community. In this regard, the UnitedStates is already bound by the 1958 convention, and since 1983 , pursuant to President Reagan's order, we have operated under the

provisions of the 1982 convention, with the exception of deep seabed mining issues associated with Part XI.

38



SDI ‘08


A2: Lost Hurts Interdiction

We Straight Turn all Your Interdiction Arguments –6 Reasons- PSI Already Complies with LOST- US is already party to MORE restrictive Convention- Navigational Freedoms link outweighs – it’s a prerequisite

- Prevents massive loss of sovereignty via reciprocal boardings- International right to self defense trumps any LOST restrictions- Experts agree

Moore, ’05 (John Norton, Prof Nat’l Security Law, Journal Int’l Affairs, 9/22)Myth: The convention is harmful to the Proliferation Security Initiative (PSI). Again, this is false. The PSI has already been negotiatedexplicitly in conformance with the convention, and not surprisingly so, since the nations with which we coordinate in that initiative are

parties to the convention. This charge apparently rests on the false belief that if the U nited States does not adhere to the convention, it will be free from any constraints in relation to oceans law. Again, this is a false assumption; we are today a party to the 1958 GenevaConvention that is much more restrictive than the 1982 convention now before the Senate. This charge is also misguided as it fails tounderstand the critically important interest we have in protecting navigational freedoms on, in and above the world's oceans. Theconvention allows our vessels to get on station, a capability that is essential before any issue even arises about boarding. Moreover, weemphatically do not want a legal regime that would permit any nation to seize U.S. commercial vessels in the world's seas. That would be amassive loss of U.S. sovereignty! The PSI was carefully constructed with parties to the 1982 convention, using the flag state, port state andother jurisdictional provisions of the 1982 convention precisely to avoid this problem. Nor is this charge at all realistic in failing to note that

nothing in the Law of the Sea Convention could or does trump our inherent rights to individual and collective self-defense. Most recently,we note, Under-Secretary of State John Bolton, a principal architect of the PSI, testified to the Senate that adhering to the convention willnot harm the PSI.

LOST Makes No Changes in Interdiction Authority – the 1958 convention makes it not unique

and limits on ship searches are key to freedom of navigation which is a bigger internal link


Myth: As a non-party, the United States is allowed to search any ship that enters our EEZ to determine whether it could harm the UnitedStates or pollute the marine environment. Under the convention, the U.S. Coast Guard or others would not be able to search any ship untilthe United Nations is notified and approves the right to search the ship. Under applicable treaty law, the 1958 convention on the law of thesea as well as customary international law, no nation has the right to arbitrarily search any ship that enters its EEZ to determine whether itcould harm that nation or pollute its marine environment. Nor would we want countries to have such a blanket right, because it would

fundamentally undermine the freedom of navigation that benefits the United States more than any other nation. Thus, the descriptions of both the status quo and the convention's provisions are incorrect and seriously misleading. Adhering to the convention will make no changein our existing authority to search ships entering our EEZ and also with regard to environmental protection. Also, under the convention, theUnited Nations plays no role at all, much less a role in deciding when and where a foreign ship may be boarded.

On Balance – US Ratification Boosts PSI And WMD Interdiction efforts – 3 Reasons – LOST Allows

interdiction, PSI Already Requires compliance with LOST provisions, US Ratification increases International Participation in PSI


Myth:Joining the Convention would hurt U.S. maritime interdiction efforts under the Proliferation Security Initiative (PSI).Reality:Joining the Convention would not affect applicable maritime law or policy regarding the interdiction of weapons of mass destruction. PSIspecifically requires participating countries to act consistent with international law, which includes the law reflected in the Convention.

Almost all PSI partners are parties to the Convention. Further, joining the Convention is likely to strengthen PSI by attracting newcooperative partners.

39



SDI ‘08


A2: Lost Hurts Econ – Wealth Redistribution

US Ratification Increses US Economic Resources – its not a Wealth Transfer

England, 9/27/07 (Gordon, Dept Sec Defense, FNS)

Let me just say, there was a quarter-page ad in the Washington Times yesterday, "What the U.S. Taxpayers Need to Know About the U.N.'s

Law of the Sea Treaty." And it asserts, "The U.N.'s Law of the Sea is the biggest giveaway of American sovereignty and resources since thePanama Canal Treaty. It lays the groundwork for another U.N. corruption scandal worse than the oil for food by setting up a scheme tofacilitate payoffs based on revenue derived from global taxes or fees. It gives the U.N. control over billions of dollars' worth of oil , gas andminerals in the so-called international waters known as the Area. And finally, the International Seabed Authority, based on the island of Jamaica but maintaining a relationship agreement with the United Nations, controls the Area."

Now, I mention that not in a sense of being an adversary or ridicule, but these are the arguments that are being made. As we all view heretoday, unanimously everybody in national security, the president of the United States, those who served as secretary of State under President Reagan and so forth, the fact is the treaty has not moved.And in part it's because of holds parliamentary by senators and unwillingness by the leadership to bring it up and forget the holds, butsecondly, by the thought that there must be a large group of Americans out there who somehow believe that this is a giveaway of sovereignty, of money, of U.N. domination.MR. ENGLAND: Senator?SEN. LUGAR: You have a response.MR. ENGLAND: Well, my only comment is, rather than national security, from an economic point of view, the United States has the mostto gain. I mean, our exclusive economic zone goes out 200 nautical miles. I mean, we have one of the largest coastlines in the world, when

you think of Alaska and the Hawaiian islands and the East and West coasts, Gulf of Mexico.You think of our coastline, 200 miles, and we have exclusive economic rights in that area. And in addition, as Secretary Negroponte said,we go out to the continental shelf off of Alaska. That could be as much as 600 miles. And we have exclusive economic rights in that area.It would seem to me that, contrary to your comments about what the newspaper said, the ad taken out, it is the opposite of that. I mean,some people have said this is a big U.S. land grab because, you know, there are so many rights that accrue to the United States because of our huge coastline. So it would seem to me this is hugely beneficial to the United States. Rather than a disadvantage, it's a huge advantageto the United States in terms of our economic as well as our security interests.

Claims LOST Hurts Economic Interests are wrong – 3 reasons – US Can veto, US doesn’t claimownership of deep sea bed resources now, legal experts agreeEnvironment and Energy Daily, 10/5/07"This treaty was hijacked along the trail" of negotiations, said Frank Gaffney, of the Center for Security Policy. "It reflects the outdated

preferences of the Soviet Union and progressive trans-nationalists."One vehicle for those "progressive trans-nationalists," according to Gaffney and fellow witness Fred Smith, president of the Competitive

Enterprise Institute, is the International Seabed Authority. Created by the treaty, the ISA oversees deep seabed mining in areas outside of individual countries' exclusive economic zones."Western governments would be required to enforce payment of fees and royalties, subsidize the U.N.'s mining operation, and provideresources for redistribution for Third World entities," Smith said in his written testimony.But those claims have been repeatedly rejected by the Bush administration and legal experts. Testifying at the Foreign RelationsCommittee's first Law of the Sea hearing last week, Deputy Secretary of State John Negroponte pointed out that the United States isguaranteed the only permanent seat on the seabed authority -- and that the authority can only make "substantive decisions" under consensus, allowing an objection from the United States to halt any unfavorable proposal.Moreover, "the deep seabed is an area that the United States has never claimed and has conveniently recognized as being beyond thesovereignty and jurisdiction of any nation," Negroponte said.

40



SDI ‘08


A2: Lost Hurts Econ – Deficits

Your Budget Argument is Profoundly Stupid

Moore, ’05 (John Norton, Prof Nat’l Security Law, Journal Int’l Affairs, 9/22)Myth: Adhering to the convention will come with substantial financial obligations. U.S. financial obligations under the convention wil lbe

modest. Had we been a full party throughout 2001, our contribution to the ISA would have been approximately $1.3 million computed atthe 25 percent rate, and this reduced to a 22 percent rate in 2002. Our contribution to the International Tribunal is estimated to beapproximately $2 million per year. This total level of contribution is less than the United States pays each year for membership in theU.S./Canada Great Lakes Fish Commission.

41



SDI ‘08


A2: Lost Bad – Enviro Regs

NO ENVIRONMENTAL BURDEN FOR THE UNITED STATES – WE’RE ALREADY INCOMPLIANCE

David B. Sandalow, Scholar in the Foreign Policy Studies Program at Brookings, “Law of the Sea Convention: Should the

U.S. Join?” August 2004 (http://www.brookings.edu/comm/policybriefs/pb137.htm)

The standards for environmental protection set forth in the Convention work strongly to the advantage of the United States,which has already met and in most cases significantly exceeded these standards but necessarily depends on actions by other nations to protect the marine environment.

LOST Doesn’t Allow Regulation of Land Based Pollution or Backdoor Kyoto Implementation

E&E Daily, 9/27/07 (environment and energy daily)"Some of these arguments [made by treaty opponents] are issues of fact," Negroponte said. "It's just not a fact that this seabed regime isgoing to be run by the U.N. or have control of anything other than the seabed."

Negroponte and his legal adviser at the State department, John Bellinger, also dismissed concerns expressed by Sen. David Vitter (R-La.)

about treaty parties' ability to regulate land-based pollution."This is not a backdoor way to subject us to the Kyoto Protocol," Bellinger said.

LOST Doesn’t Regulate Land Based Pollution or Allow Backdoor Kyoto Enforcement

Negroponte, 9/27/07 (John, Dep Sec State, FNS)MR./ADM. : Senator, I think it clearly does not allow regulation over land-based pollution sources. The -- that would stop at the water'sedge. The -- as far as at least dispute resolution involving them, there can be limitations on the pollution that could emanate, but as far asthe ability of any other country to complain and bring us to dispute resolution over pollution that would come from land, that's not

permitted under the treaty.SEN. VITTER: Well, Article 213 says -- states, "Shall enforce their laws on and shall" -- shall, mandatory -- "adopt laws and regulationsand take other measures necessary to implement applicable international rules and standards established through competent internationalorganizations or diplomatic conference to prevent, reduce and control pollution."Well, it sounds to me like the Kyoto Protocol is an international standard, and we shall pass laws to enforce that.MR./ADM. : Well, this is -- this is not a backdoor way to subject us to the Kyoto Protocol. There is no way that the standard that those

standards could be standards that someone could subject us to in dispute resolutions.SEN. VITTER: Why? Because of the -- it says we shall do this, we shall pass laws to enforce international environmental standards. Sowhy couldn't a state clearly take us to dispute resolution to say you're not doing that; you need to heighten environmental laws A, B, C, Dand E?MR./ADM. : There are some environmental issues that are the subject of international agreement such as ocean dumping, for example, butthe -- when you talk about land-based pollution, you know, our view is that that's just not covered by the treaty, Senator. I think that's the

point, that we believe that there is no jurisdiction over marine pollution disputes involving land-based sources.

LOST Doesn’t Allow Regulation of Land Based Pollution

Times Picayune, 10/11/07But Vitter also suggested that the agreement could give other nations a say over land-based pollution sources and amount to a back-door adoption of the Kyoto Protocol, an effort to reduce greenhouse emissions, which the Senate has refused to ratify."Why would we open that Pandora's box?" Vitter asked.Renewed interest

Supporters dismiss the assertion as baseless. John Negroponte, deputy secretary of state, said the treaty provides no avenue to drag theUnited States into court over land-based business, and for sea-based commerce, it only requires the country to "take into account"international rules and regulations.

42





SDI ‘08


A2: Lost Bad – Sovereignty

LOST Ratification key to prevent perpetual unilateral use of force – their sovereignty arguments

are backwards – 4 reasons- international agreements are vital to sovereignty

- constitution checks- congress checks- withdrawal procedures check

Moore, ’05 (John Norton, Prof Nat’l Security Law, Journal Int’l Affairs, 9/22)Arguments against the convention are, in a way; a denigration of law; they seem to indicate that any international agreement is anunwelcome infringement of U.S. sovereignty, when the contrary is the case. President George Washington regarded the Jay Treaty withGreat Britain as the most important achievement of his administration. No one would accept a loss of U.S. sovereignty. At the same time,one of the most important sovereign rights is the legal ability of states to enter into agreements, just as individual citizens in the UnitedStates have the right to agree to contracts with one another. In fact, it is only children and the mentally incompetent who have no right to contract. To deny the U.S. government the right to enter into agreements with other nations would deprive it of one of its most fundamentalrights, leaving it with few options short of expending the lives of its armed forces to establish and enforce national rights . It should also

be understood that under the U.S. Constitution, freedom of action cannot be lost through international agreements. One widely-accepted precept of U.S. foreign policy is that a subsequent act of Congress can override a prior international agreement. Further, critics fail tomention that because of its sovereignty, the United States is free to withdraw from the convention.

We Straight Turn Your Sovereignty Claims – 4 Reasons- ISA Inevitable US Ratification not key- ISA Only has jurisdiction over mineral resources in deep seabed – not the water column- US Has Already Rejected Claim of Sovereignty over Deep Sea Bed- US Ratification Massively Expands US Sovereign Jurisdiction

Moore, ’05 (John Norton, Prof Nat’l Security Law, Journal Int’l Affairs, 9/22)Myths Concerning National SovereigntyMyth: The United States is giving up sovereignty to a new international authority that will control the oceans. Nothing could be further from the truth. The United States does not give up an ounce of sovereignty in this convention . Rather , as noted, the convention solidifies amassive increase in resource and economic jurisdiction for the United States, not only to 200 nautical miles off our coasts, but to abroadcontinental margin in many areas even beyond that. The new International Seabed Authority (ISA) created by this convention, which, asnoted, has existed for a decade and will continue to exist regardless of U.S. actions, deals solely with mineral resources of the deep seabed

beyond national jurisdiction--it has nothing to do with the water column above the seabed. The deep seabed is not only an area in which theUnited States has no sovereignty; but one on which the United States and the entire world have consistently opposed extension of national

sovereignty claims.

LOST Directly Repudiates World Government, Expands Sovereignty and Is Crucial to Free

Market Principles and Property Rights

Moore, ’05 (John Norton, Prof Nat’l Security Law, Journal Int’l Affairs, 9/22)Myth: The convention is an effort by the radical left to move toward world government. The reality is the opposite! The conventionincludes a massive extension of national sovereign rights over the most important oceans resources, including fish stocks and oil and gas,while protecting national sovereign rights in freedom of navigation for all nations. As such, it is a direct repudiation of radical claims ,urged by some, for an international agency to control the oceans. Only seabed mineral resources beyond a broadly extended area of coastalstate jurisdiction are placed under the limited control of an international authority, and this was necessary to establish the exclusive property rights needed by mining firms for minerals otherwise owned by no nation. Further, the ISA, as renegotiated, adopts free-market principles as its core and is itself a rejection of the "New International Economic Order." Also, the negotiations resisted any effort tostray into arms control as urged by some. In reality, the convention is a triumph for both national sovereign rights and free market

principles.

43



SDI ‘08


A2: Lost Bad – Free Market/Mining

US Ratification key to Mining Industry – ISA Doesn’t Hurt Sovereignty or cause excessive

regulation and is key to Property Rights


Moreover, to mine deep seabed minerals requires security of tenure for the billion dollar plus costs of such an operation. Our industryhasemphatically reminded us that they cannot mine under a fishing approach in which mining is a free-for-all concept , as the critics seem tosuggest. Rather, they must have both the exclusive rights to mine sites and international recognition of titles to the minerals recovered.These requirements led to the formation of a limited international agency to provide security of tenure and title for mineral resources of theseabed beyond national jurisdiction, which was otherwise owned by no one. The ISA was a necessary specialized agency of strictly limited

jurisdiction to deal with security of tenure and stable property rights so that investors can amortize their debt . Quite contrary to the recenttestimony of one critic before the Senate Committee on Environment and Public Works, the ISA would not have "the exclusive right toregulate what is done, by whom, when and under what circumstances in subsurface international waters and on the sea-floor." (12)Rather,the ISA is a small, narrowly mandated international agency that has emphatically no ability to control the water column and only functionalauthority over the mining of the minerals of the deep seabed beyond national jurisdiction. Again, this is a necessary requirement for seabedmining, an area beyond which any nation has sovereignty, to provide security of tenure to mine sites, without which mining will not occur.By not adhering to the treaty, the United States will simply lose its deep seabed mine sites--the best in the world--and our seabed miningindustry will be permanently deep-sixed .

On Balance LOST Massively Expands US Sovereignty, is crucial to property rights and USMining Industry

Moore, ’05 (John Norton, Prof Nat’l Security Law, Journal Int’l Affairs, 9/22)Myth: The convention would turn the oceans over to the United Nations. This is completely and utterly false; not a drop of ocean water nor an ounce of oceans resources would be turned over to the United Nations. To the contrary, the convention disappointed extremeinternationalists who believed in "blue helmet" solutions to oceans issues. It placed all coastal resources of the water column and thecontinental shelf under coastal nation, rather than international, jurisdiction. And it maintained and strengthened freedom of navigation onthe world's oceans. These critical issues in the negotiation, by far the most important, hugely strengthened national sovereign rights.Even the ISA that the convention created is an independent international authority, supported by the United States, and is necessary to

provide stability of property rights to deep seabed minerals owned by no other nation. Without such an authority providing exclusive property rights to seabed mine sites of the deep ocean floor, seabed mining, including that by U.S. interests, would never be realized.And remember that this body is limited to the mineral resources of the deep seabed beyond national jurisdiction that have yet to be mined,in contrast with the billions of dollars in fisheries, oil and gas production on the continental margins, all of which are under national

jurisdiction.

Date post:	30-May-2018
Category:	Documents
Upload:	affnegcom
View:	214 times
Download:	0 times