Connect with us
Law of the Sea Treaty third way option leaves former Deputy Secretary of Defense Paul Wolfowitz thinking.


Proposed middle ground on LOST

Law of the Sea Treaty third way option leaves former Deputy Secretary of Defense Paul Wolfowitz thinking.

As public thought leaders and organizations square off on the Law of the Sea Treaty, some continue hold a center position or seek a third way.

At an American Enterprise Institute forum on American sovereignty, Sen. Jon Kyl (R-Ariz.) proposed a ‚??Madisonian‚?Ě approach to the treaty that would retain valuable navigation rights for businesses and the U.S. Navy, but allow Congress to dispense with other provisions that encroached on American autonomy.

‚??My point is if you split the Law of the Sea Treaty into two pieces, one is supported by the Navy,‚?Ě Kyl said. ‚??That ‚??good‚?? part of the treaty, about which there is little debate, could be codified by separating the wheat from the chaff.‚?Ě Unfortunately, such bifurcation is not an option, Kyl said, because the treaty cannot be amended in its current form.

Hofstra law professor Julian Ku, who also spoke at the AEI event, said he remained ‚??agnostic‚?Ě about the treaty, supporting uncontested rules of navigation but expressing concern about signing on to governance by international tribunals that would leave the U.S. vulnerable.

‚??We have to take as the bargain with it, to join all these processes,‚?Ě Ku said, ‚?? I think one part is definitely beneficial, but if you put that part aside, the rest of it is not.‚?Ě

And former Deputy Secretary of Defense Paul Wolfowitz told Human Events that while a number of Defense Department officials have expressed support for the treaty, he ‚??would have to think more about it.‚?Ě

Wolfowitz said he had yet to hear a good answer to an argument made by Kyl: that not even all the countries currently signed to the treaty, such as China, opted to abide by it; meaning its purported value as an international navigation agreement might not be so significant after all.

Written By

Hope Hodge first covered military issues for the Daily News of Jacksonville, N.C., where her beat included the sprawling Marine Corps base, Camp Lejeune. During her two years at the paper, she received investigative reporting awards for exposing a former Marine who was using faked military awards to embezzle disability pay from the government and for breaking news about the popularity of the designer drug Spice in the ranks. Her work has also appeared in The American Spectator, New York Sun, WORLD Magazine, and The Washington Post. Hodge was born near Boston, Mass., where she grew up as a lover of Revolutionary War history and fall foliage. She also discovered a love of politics and policy as a grassroots volunteer and activist on Beacon Hill. She graduated in 2009 with a degree in Politics, Philosophy, and Economics from The King's College in New York City, where she served as editor-in-chief of her school newspaper and worked as a teaching assistant when not freelancing or using student discounts to see Broadway shows. Hope‚??s email is