Enforcing International Law In U.S. Courts: The Law of The Sea Convention at Play In Kivalina

This article investigates the potential role of international law as a tool for addressing environmental injustice through domestic litigation in the United States. Focusing on the case of the Native Alaskan community of Kivalina and the environmental impacts associated with the Red Dog Mine, the study examines whether international legal norms can provide effective remedies where domestic legal avenues have proven inadequate. The analysis explores the interaction between international and domestic legal systems, with particular attention to the implementation of international environmental obligations through U.S. courts. It argues that selected provisions of the United Nations Convention on the Law of the Sea (UNCLOS), especially those concerning the protection and preservation of the marine environment, may strengthen claims related to water pollution and environmental degradation. By assessing the status of customary international law, treaty implementation, and judicial interpretative techniques such as the Charming Betsy canon, the article demonstrates how international environmental law can contribute to advancing environmental justice, enhancing compliance with international obligations, and expanding the role of domestic courts in the enforcement of global environmental norms.