International Climate Change Lawsuits?

Steven Groves /

If the U.S. reverses its 30-year policy and joins the U.N. Convention on the Law of the Sea (UNCLOS), it will certainly be exposed to climate change lawsuits in the tribunals established by the convention, as detailed in a new Heritage Foundation Backgrounder, “Accession to U.N. Convention on the Law of the Sea Would Expose the U.S. to Baseless Climate Change Lawsuits.”

Since major international conferences held in recent years in Denmark, Mexico, and South Africa have failed to produce a legally binding climate change treaty, proponents of the theory of anthropogenic climate change have been seeking alternate avenues of enforcement for years.

There is little doubt that the U.S. is at the top of the “target list” of environmental lawyers, academics, and activists for an international climate change lawsuit, or that UNCLOS tribunals are among the most favored forums for bringing environmental lawsuits. For instance:

To date, though, the U.S. has denied such activists their day in international court by withdrawing from compulsory jurisdiction in the International Court of Justice in 1985 and refusing to accede to UNCLOS. Nevertheless, reversing this policy is on the Obama Administration’s to-do list.