UNCLOS does not create a new forum for challenging U.S. climate change policies

UNCLOS cannot be understood as creating substantive causes of action or other individual legal rights that can be invoked in US courts.¹⁶⁰ Internationally, there is no remedy open to individuals or groups, only to State parties to the Convention.¹⁶¹ Furthermore, even if a State were to successfully challenge US climate policies, by alleging that such policies were resulting in the pollution of the marine environment, the UNCLOS dispute resolution mechanisms outlined in article 297 would still be unavailable.¹⁶² Specifically, article 297(1)(c) sets out the exclusive basis upon which a State party may bring a dispute before an international tribunal for an act of alleged pollution to the marine environment.¹⁶³ The aggrieved State, in stating its claim, must invoke a “specified” international rule applicable to the US. Because no provision of UNCLOS applies any additional substantive rules concerning climate change, it would, therefore, not be possible for a UNCLOS State party to rely on the dispute resolution procedures of article 297 for creating an adequate forum to challenge US climate change policies.¹⁶⁴