U.S. would not be forced to accept environmental laws it hasn't already agreed to (ex. Kyoto Protocol) as a party to UNCLOS
Another concern, as voiced by U.S. Senator James Risch of Idaho, is that ratification of UNCLOS could be grounds for ratifying the Kyoto Protocol on Climate Change and all other conventions drafted by international bodies.26 Legal advisor John Bellinger in the first Bush administration commented that Section 222 of UNCLOS encompasses applicable international rules and standards, and if the United States does not ratify Kyoto or other conventions, these treaties are not applicable to the United States.27 This logic does not satisfy U.S. senators like Risch.28
Senator Mike Lee of Utah took this argument one step further. He hypothesized that the Assembly could take the position in the future that UNCLOS ties the United States into a climate change regime like the Kyoto Protocol. Secretary Clinton disagreed and stated that the United States had no obligation to accept anything decided by the Assembly on climate change. Should this thinking—that in ratifying UNCLOS, the United Nations can call for blanket application of other international laws—become an eventuality, the United States can simply withdraw from UNCLOS. This could be something agreed by all in advance of the ratification.
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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.
Keywords:Related Quotes:- 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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