I’ve been meaning to post about this for a while, but haven’t had the time to get back up to speed on it, after all these years, but the Law of the Sea Treaty has reared its ugly head again, and once again, it’s looking like it’s stalling in the Senate, though the Bush administration seems to be supporting it, at least in theory. It went into force ten years ago, but the US has still not ratified it, and Doug Bandow explains why we shouldn’t. Here’s the part that concerns me the most as a space enthusiast:

The treaty’s mining scheme is flawed in its very conception. Although many people once thought untold wealth would leap from the seabed, land-based sources have remained cheaper than expected, and scooping up manganese nodules and other resources from the ocean floor is logistically daunting. There is no guarantee that seabed mining will ever be commercially viable.

Yet this has not dimmed the enthusiasm of the Authority. Like the U.N., it generates lots of reports and paper and obsesses over trivia. Protecting “the emblem, the official seal and the name” of the International Seabed Authority has been a matter of some concern. Among the crises the Authority has confronted: In April 2002 the Jamaican government turned off its air conditioning, necessitating “urgent consultations with the Ministry of Foreign Affairs and Foreign Trade.” A year later Jamaica used the same tactic in an ongoing battle over Authority payments for its facility. Oh yes, half of the Authority members are behind on their dues.

Were seabed mining ever to thrive, a transparent system for recognizing mine sites and resolving disputes would be helpful. But the Authority’s purpose isn’t to be helpful. It is to redistribute resources to irresponsible Third World governments with a sorry history of squandering abundant foreign aid.

Those familiar with the history of the L-5 Society may recognize this. The Law of the Sea Treaty was the model for the 1979 Moon Treaty, which, like the sea bottom, declared everything off planet the “province of all mankind.” Here’s the key part:

The exploration and use of the moon shall be the province of all mankind and shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development.

In other words, if you or I were to go develop some extraterrestrial resource (and “moon” in this phrasing really means “moon and other celestial bodies”) we would have to share in the proceeds with all other countries, including those that in no way contributed, per the decision of an as-yet-undefined international authority under the auspices of the United “Oil for Palaces corruption” Nations. I can’t think of a better way to guarantee that space will not be developed, which is perhaps the intent of the authors.

While the L-5 Society was largely ineffectual in terms of achieving its goals, it did manage to almost singlehandedly prevent the US from ratifying this treaty (an issue that few others cared about at the time except a few bureaucrats at Foggy Bottom), and that in itself probably made the existence of the society worthwhile, even for as brief a time as it lasted. Just for historical interest, note some of the names in that L-5 history of people who were instrumental in defeating the treaty. In addition to Keith Henson and Carolyn Meinel, Eric Drexler and Chris Peterson, of more recent nanotechnology fame, were also lobbying hard for this outcome.

If the Law of the Sea Treaty is ratified by the US, it would set a precedent and make it harder to argue against similar ratification of the Moon Treaty (which while in force has not been ratified by a single spacefaring nation). I’d say, thanks, but no thanks to both.