International Law & American Sovereignty


The Treatment of Intellectual Property Under The Law of the Sea Treaty

An Outline
Howard J. Klein March 24, 2007

1. The Area: The portion of the seabed outside any national jurisdiction (Article 1, section 1).
2. The International Seabed Authority: Referred to as “the Authority.” All member states are members of the Authority (Article 156, section 2).
3. The Enterprise: The “organ of the Authority which shall carry out activities in the Area” (Article 170, section 1).

The Sovereignty Implications of Two Recent Supreme Court Decisions

Eric D. Hargan March 24, 2007

The Supreme Court, in two recent cases (Lawrence v. Texas and Atkins v. Virginia) is continuing a trend of citations of foreign and international law, particularly European law, as supporting evidence for the validity of its decisions. This use of international sources in cases involving purely domestic concerns is alien to the American legal system, historically, and, if unchecked, will produce a further erosion of American sovereignty, in addition to the mischief already done by these cases.