12 Tex. Rev. L. & Pol. 469 (2007-2008)
U.N.'s Large Role in UNCLOS Is Bad for American Interests

handle is hein.journals/trlp12 and id is 473 raw text is: U.N.'s LARGER ROLE IN UNCLOS Is BAD FOR AMERICAN INTERESTS FRANKJ. GAFFNEYJR. I will confine myself in trying to address several of the points that have been made by the proponents of the treaty that I find, frankly, inadequate, if not misleading. And I am struck by John Moore's comments at the outset'-meant, I am sure, in a generous way-about my role and Baker Spring's role on behalf of missile defense. I appreciate it. John has been helpful in that long-running saga to try to prevent this country from remaining vulnerable to attack by ballistic missiles from all quarters. But I can assure all, there was a time when the entire national security establishment, when the industries affected, when the international community, and most especially, of course, the people who are unfriendly to the United States, were determined to prevent the United States from having a missile defense. I feel no more isolated today in making arguments, that I find compelling, against this treaty than I did making arguments for defending the United States against missile attack in the face of that seemingly overwhelming preponderance of wisdom.3 I am sorry that John was with me in that fight and I find him against me in this one, but so be it. * Founder and President, Center for Security Policy. B.S. 1975, Georgetown University School of Foreign Service; M.A. 1978, Johns Hopkins University School of Advanced International Studies. 1. John Norton Moore, UNCLOS Key to Increasing Navigational Freedom, 12 TEX. REV. L. & POL. 459, 459 (2008). 2. See JOHN NORTON MOORE, THE NATIONAL LAW OF TREATY IMPLEMENTATION v (2001) (noting that in 1989, Moore completed a multi-volume, 4000-page study, which remains classified, on whether and to what extent research into missile defense technologies could be conducted within the limits of the Anti-Ballistic Missile (ABM) Treaty). See generally id. (presenting unclassified portions of the same study and analyzing legal and constitutional issues relevant to the interpretation of the ABM Treaty). 3. See, e.g., Ballistic Missile Defense: Responding to the Current Ballistic Missile Threat: Hearing Before the Subcomm. on Nat'l Sec., Int'l Affairs, and Criminal Justice of the H. Comm. on Gov't Reform and Oversight, 104th Cong. 66-82 (1996) (testimony of FrankJ. GaffneyJr., Director, Ctr. for Sec. Pol'y) (arguing for defending the United States against missile attack).

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