Trump could pull out of global climate accord in a year: lawyers

trumpU.S. President-elect Donald Trump could use legal short-cuts to pull out of a global agreement for fighting climate change within a year, keeping a campaign promise and by-passing a theoretical four-year wait, lawyers say.

Trump, who has called global warming a hoax and said it was invented by the Chinese to undermine U.S. manufacturing, has said he wants to cancel the 2015 Paris Agreement among almost 200 nations that entered into force on Nov. 4.

The accord, which seeks to phase out greenhouse gas emissions this century with a shift from fossil fuels, says in its Article 28 that any country wanting to pull out after joining up has to wait four years.

In theory, the earliest date for withdrawal is Nov. 4, 2020, around the time of the next U.S. presidential election.

But Trump could pull out of the parent treaty of the Paris Agreement, the 1992 U.N. Framework Convention on Climate Change with just a year’s notice, also voiding U.S. participation in the Paris Agreement, U.N. legal experts say.

That would be controversial, partly because the Convention was signed by former Republican president George Bush in 1992 and approved by the U.S. Senate. It would also severely strain relations with many foreign nations.

Meeting in Marrakesh, Morocco, for two weeks of talks to work out ways to implement pledges for action in the Paris Agreement, many countries have reaffirmed support for the 195-nation accord since Trump’s election victory on Tuesday.

Read rest…

Leave a comment (newest first):

Comments (9)

  • Avatar

    Sam Pyeatte

    |

    Just pull-out now and let them squirm. Do not entertain the UN cesspool on this issue for one minute.

    • Avatar

      4TimesAYear

      |

      Amen. It had no congressional approval; it is not legally binding. He could just tear it up.

  • Avatar

    Curt

    |

    He could actually pull out much faster. He just claims the agreement is really a treaty and as such is unconstitutional. Next he submits it to the Senate for ratification and after it is turned down, he politely notifies the UN that the US signature was not ratified and therefore has no legal standing. Voila, the US is out of the “agreement” and there is nothing the UN or anyone else can do about it.

    • Avatar

      Rhee

      |

      I’d submit that the ‘agreement’ is an illegal, unconstitutional treaty and stands void now. So just end it on Jan 20, 2017.

      • Avatar

        4TimesAYear

        |

        Totally agree. No need to do anything with it but tear it up.

      • Avatar

        Curt

        |

        I disagree for several reasons:
        1. If the “agreement” is really a treaty, then it has to be sent to the Senate for approval or disapproval. It is only illegal if you take action on it before it is approved. If Trump sends it to the Senate, then it is dead forever. If he does’t, it could potentially be revived at some indeterminate time in the future. Better to kill it now.
        2. By submitting it to the Senate, you set precedence that “agreements” that require payments are in fact treaties. That is a precedence you want to establish to show that it was illegal. Even better would be if some Green Organization would sue allowing it to be enshrined forever in law. But even if they don’t sue, you establish precedent.
        3. If it was in fact a treaty, and it is not approved, then any payment (say the $500million) made to the UN under it is illegal and the US can demand its money back.
        4. You get backing from the Senate and a formal vote. That way no one can claim you are taking excessive executive action. The optics are way better and you put all of Obama’s illegal actions in stark contrast.

        Submitting it to the Senate is a win all he way around. Then you can symbolically tear it up.
        4.

  • Avatar

    Amber

    |

    Sure give them one years notice . In the mean time cancel all “Climate Conference” travel
    and ensure hundreds of millions are not sent off shore that can be used for USA infrastructure projects and repatriating USA jobs .
    Serve notice the Club Of Rome / UN agenda is finished .

  • Avatar

    Amber

    |

    The Democrat backers are only licking their wounds after their colossal screw up .
    We can expect the bad losers to begin hiring the same shit disturbers they did to incite violence at Trump rallies as they grapple with their business plan unraveling .
    Scientists who have been bullied by the climate silencers will have people in their corner to pursue science based on scientific discovery principles instead of the political and business agenda of people mascaraing as Democrats .
    Drain the Swamp includes the global warming industry charlatans and self dealers robbing tax payers of $$billions . The misallocation of resources (money ) is one of the easy ways to reset the economic and social balance in the USA .
    Trump will do it because he and his team are not beholding to self dealing interest groups like the earth has a fever promoters .
    It is so exciting to see the people of USA get their country back .

  • Avatar

    JayPee

    |

    I don’t know what this author is trying to say nor how he thinks.
    The fact is that every single commitment that the great Lord Obama made is without any further action whatsoever,
    UNENFORCABLE upon the USA.

    Purely by itself, NONE of these ” agreements ” are legally enforceable.

    None of them rise to the level of a binding treaty.
    And, as everyone knows
    Even treaties aren’t worth the paper they’re written on.

    Trump doesn’t have to do anything.
    But if he wants to inform the ignorant,
    All he has to do is declare them

    NULL AND VOID.

Comments are closed

No Trackbacks.