Frustrated by their failure to pass cap and trade or to get Senate ratification of either the Kyoto or the Copenhagen Treaties on climate change, President Obama and Secretary of State Clinton may use the Law of the Sea Treaty (LOST) to bind the U.S. to carbon reduction targets.
We raise and discuss in our new book Screwed! how Obama and Clinton can use the Sea Treaty – up for ratification in June — as a backdoor climate pact to stop global warming.
Embedded in the already signed treaty is a clause empowering the newly created Seabed Authority – an international body in which each of 160 nations has a vote (even if they are landlocked) – to take whatever steps it deems necessary to stop “marine pollution.” According to William C. G. Burns of the Monterey Institute of International Studies, the treaty contains a very expansive definition of pollution which could be read to include “the potential impact of rising sea surface temperature, rising sea levels, and changes in ocean pH as a consequence of rising levels of carbon dioxide in sea water.” Burns warns that this could “give rise to actions under the Convention’s marine pollution provisions” to reduce carbon emissions worldwide.
When the Law of the Sea Treaty was first negotiated in the 1970s, of course, global warming was not on the agenda. But the power it confers on the Seabed Authority to stop pollution could easily be expanded to include anti-global warming measures.
As with other treaties the Administration is negotiating in what may be its final months, the Sea Treaty must be enforced by U.S. Courts under the Supremacy Clause of the Constitution. Chief Justice John Roberts, writing in Medellin v Texas, 552 US 491 (2008), if a treaty is “self-executing” – as the Sea Treaty is — US courts can be used to enforce it.
Please take a minute to sign this petition to your Senators and Congressman to block ratification of the Law of the Sea Treaty so we can close this backdoor on attempts to regulate our entire economy to meet the unproven threat of human caused global climate change.