COMPARE
By ratifying UNCLOS, the U.S. would be exposed to climate change lawsuits and other environmental actions brought against it by other members of the convention and the economic and political ramifications of such lawsuits could be dire.
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- US accession to UNCLOS would uniquely expose it to baseless climate change lawsuits
- Climate change activists looking forward to having venue of ITLOS tribunal to bring climate change suits against US
- UNCLOS unique from other environmental agreements in the scale of the external judicial review it imposes
- Environmentalists anxious to use UNCLOS to sue U.S. government over environmental damage
- ... and 10 more quote(s)
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VERSUS
Opponents argue that UNCLOS's provisions calling for states to reduce pollution through "best practicable means" could be used as a "backdoor" to force environmental treaties on the U.S. However, legal scholars and State Department officials have concluded that the convention only binds the United States to act in accordance with its own laws or appropriately ratified international agreements and cannot be used as a “back door” to compel enforcement of international agreements the Senate has not ratified.
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- State Department legal team analyzed Law of the Sea treaty and found there was nothing in treaty that would force U.S. policy on climate change
- UNCLOS will be utilized as basis for environmental laws and claims regardless of whether US is a party but US can only guide it if accedes to the treaty
- Convention will not act as a backdoor for other environmental agreements Senate has not ratified
- U.S. environmental standards already meet or exceed those set by UNCLOS
- ... and 4 more quote(s)
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