Multiple avenues exist under UNCLOS for our adversaries to attack U.S. in court
However, as Groves warned, acceding to the treaty “would expose the U.S. to lawsuits on virtually any maritime activity, such as alleged pollution of the marine environment from a land-based source or even through the atmosphere. Regardless of the case’s merits, the U.S. would be forced to defend itself against every such lawsuit at great expense.”
Litigation could occur in several venues: the International Tribunal for the Law of the Sea, the International Court of Justice, an arbitral tribunal, and a “special” arbitral tribunal. There would be no appeals and all suffer from political elements which would interfere with the delivery of genuine “justice.” Indeed, noted Groves, the U.S. “has suffered adverse judgments in high-profile international lawsuits in the past.”
LOST would reinforce the litigation danger by creating obligations directly enforceable by U.S. courts. Annex III, Article 21(2) of the treaty states that tribunal decisions “shall be enforceable in the territory of each State Party.” In a 2008 case Supreme Court Justice John Paul Stevens contrasted another treaty with LOST, which, he wrote, did “incorporate international judgments into international law.” As a result, U.S. judges would become international enforcers.