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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