U.S. environmental standards already meet or exceed those set by UNCLOS

Fundamental differences on environmental policy have also been raised as objections to UNCLOS. Opponents see UNCLOS as a 'back door' for environmental activists to circumvent the U.S. Congress on international environmental law.⁷⁰ Alternatively, accession might encourage foreign governments to bring action against the  United States for environmental transgressions under the treaty‘s mandatory dispute resolution protocol.⁷¹

Use of the outlined dispute resolution process against the United States seems unlikely, though, since the United States already complies with or exceeds the environmental standards set out in UNCLOS.⁷² Further, provisions meant to protect the sustainability of the world‘s oceans are of global concern⁷³ and benefit U.S. ocean-based industries.⁷⁴ Even while it complies with the substance of the environmental provisions, the United States  may be seen as a block to global environmental action until it actually ratifies UNCLOS.⁷⁵