ITSSD: U.S. Navy Had a Whale of a Job Fending Off Green Lawfare in NRDC v. Winter Case
Posted on: Wednesday, 8 April 2009, 10:17 CDT
"The green group and
Despite this legal 'win', the Navy remains very concerned that
According to one Navy Commander, "...[N]ongovernmental organizations...such as Greenpeace...[are working] in conjunction with certain coastal countries, including close U.S. allies, to unilaterally impose maritime and...environmental...rules that restrict international shipping, aircraft overflight of the seas [and the]...right of freedom of navigation,...and...[which thereby,] diminish national security." Similarly, a Navy JAG Corps Officer has concluded that, "the means are available for an adversary to engage in full-scale international and domestic lawfare by exploiting international forums and misusing domestic environmental protection laws to blunt our technological anti-submarine advantages, degrade our training, reduce our capabilities, restrict our operations, reveal our training methods and locations, limit future technological advances and undercut our national strategic objectives."
If, as these officers strongly suggest, the U.S. Navy has barely kept its head above water when defending against U.S.-based environmental lawsuits, how could it realistically expect to successfully handle the many additional foreign-based green lawsuits it would certainly face once America accedes to the UN Law of the Sea Convention?
The Institute for Trade, Standards and Sustainable Development (ITSSD) is a non-partisan non-profit international legal research and educational organization that examines international law relating to trade, industry and positive sustainable development around the world. This article is accessible at:
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SOURCE Institute for Trade, Standards, and Sustainable Development