UNCLOS can in no way be interpreted or utilized as a climate change treaty

UNCLOS is an oceans treaty, not a climate treaty.¹³⁶ To claim that UNCLOS imposes a requirement on the United States to implement the Kyoto Protocol or any other international climate change laws is simply an untenable legal position. The substantive basis for a hypothetical international suit rests on an alleged violation of the duties enumerated in Part XII of UNCLOS, which concern the protection and preservation of the marine environment.¹³⁷ Hypothetically, to have a viable cause of action against the United States for climate change issues under UNCLOS, a State would have to successfully argue the following: (1) that climate change exists within the meaning of “pollution of the marine environment” as defined in Article 1(4) of the Convention;¹³⁸ (2) Part XII of UNCLOS–Protection and Preservation of the Marine Environment—applies to the issue of climate change; and (3) there is a causal link between a State's Greenhouse Gas (GHG) emissions and such pollution.139 Even after assuming all of the preceding claims possess the requisite showing, Part XII would still not require a party to adopt additional climate laws.