Latest News

Legal questions arise from Trump's withdrawal of the UN Climate Treaty

Some legal experts believe that the Trump administration's decision, made by the Trump Administration, to withdraw from the U.N. Climate Treaty, which was unanimously adopted in the U.S. Senate more than 30 year ago, could be illegal. They say Congress would have to approve the withdrawal.

On Wednesday, President Donald Trump announced that the United States will withdraw from dozens international and U.N. organizations. This includes the U.N. The Framework Convention on Climate Change and the scientific Intergovernmental Panel on Climate Change are both "opposed to U.S. National Interests" by focusing on oil, gas, and mining development.

Trump, who is a vocal opponent of renewable energy and has called climate change "a con job" and hoax, went further than his previous actions of withdrawing the U.S., the world's largest historical emitter of greenhouse gases, from the Paris Climate Agreement by removing the nation from the UNFCCC.

He also removed the U.S. from the Intergovernmental Panel on Climate Change, a key scientific body that deals with climate change, and other U.N. organizations focused on the environment, arts, health and women's right.

Some experts question the President's power to withdraw

International law experts have said that the president's move on Wednesday, which was unprecedented,?raises significant legal questions. Case law is not clear as to whether a President can unilaterally withdraw a country from a ratified treaty by a Senate majority.

Jean Su, director of energy justice at the Center for Biological Diversity, said that the U.S. must exit the UNFCCC using the same procedure as it entered. The Center for Biological Diversity's energy justice director Jean Su said that if this lawless act is allowed to stand, it could permanently exclude the U.S. from climate diplomacy.

Su stated that the CBD is evaluating whether it should take the U.S. Government to court over this.

White House officials weren't immediately available to answer questions about the legality.

The U.S. would then 'withdraw' from all global climate talks, including the Paris Climate Agreement.

Last year, the U.S. skipped the annual U.N. climate summit in Belem in Brazil for the very first time in 30 years. Trump also announced his withdrawal from the Paris Climate Accord a year earlier. It is the only nation to leave the UNFCCC.

UNFCCC requires wealthy industrialized nations to adopt policies to limit greenhouse gases emissions, report publicly their emissions and provide funding for poorer countries to address climate change.

Curtis Bradley is a professor of law at the University?of Chicago Law School. He said that while the rules for ratifying treaties are clearly defined, those for withdrawing from them are not.

Some presidents have used this authority to withdraw from international treaties and agreements without Congressional approval. Ronald Reagan, a Republican president, withdrew America from UNESCO over concerns of perceived politicalization.

Bradley said Congress can pass legislation to prevent a president unilaterally withdrawing a treaty. Congress passed a law to prevent a future administration withdrawing from NATO in 2023.

He said that given the polarization of climate change policy within Congress, it was unlikely for this to happen.

HOW EASY IS THE RE-ENTRY INTO A TREATY?

The legal experts also differ on how difficult it will be to rejoin UNFCCC.

Some?legal organizations believe that in order for a future administration to return, they would have to start anew and get the two-thirds of support required by the U.S. Senate to ratify a treaty.

Some experts believe that the U.S. could easily rejoin the EU after 90 days if it uses the same "advice and consent" method that was used by the Senate to unanimously ratify this treaty in 1992, under Republican President George H.W. Bush.

Recent years, achieving a majority of two-thirds in the highly polarized U.S. Congress was near impossible, particularly on issues that divide people.

The U.S. entered into over 90% of international agreements using different mechanisms, which rely on executive power or existing domestic laws.

Sue Biniaz is a former deputy special envoy on climate change under the Biden administration. She said that she was in the camp of scholars who believed that joining the UNFCCC would be "seamless", because it had been unanimously approved by the Senate in 1992.

She said that there are many future paths for joining the important climate agreements. (Reporting and Editing by Frances Kerry, Valerie Volcovici)

(source: Reuters)