US President Donald Trump's decision to pull out of the UN Framework Convention on Climate Change (UNFCCC), the world's most important climate treaty, has raised questions about its legality. Some experts argue that his move could be considered illegal.
Trump's withdrawal was announced in a presidential memorandum, which stated that the US "shall withdraw" from the agreement, along with 65 other organizations and agencies deemed to be contrary to US interests. However, this decision may have been made without proper authority, according to Harold Hongju Koh, a former head lawyer for the US State Department.
Koh argued that the president does not have the legal power to unilaterally withdraw from international agreements without Senate approval. He compared it to entering an agreement, where both parties must sign off on it, suggesting that if Trump had entered into the UNFCCC with the Senate's approval in 1992, his withdrawal would require their consent as well.
The issue of unilateral treaty withdrawal is complex and has been disputed by scholars. Some argue that presidents have long asserted the authority to withdraw from treaties without Senate approval, but Koh believes that this principle should apply equally to entering treaties.
Rhode Island Senator Sheldon Whitehouse called Trump's decision "not just corrupt, it's illegal." He argued that once a treaty is ratified by the Senate, only they can withdraw from it.
The US Constitution does not explicitly state how treaty withdrawal should be handled, leaving room for interpretation. The Supreme Court has never ruled on this issue, and experts are divided on what would happen if the US tries to rejoin the UNFCCC in the future.
Trump's exit from the UNFCCC is seen as a significant blow to international efforts to address climate change. Many experts believe that his decision will cause irreparable damage to the country's global credibility and lead to increased climate harms.
Trump's withdrawal was announced in a presidential memorandum, which stated that the US "shall withdraw" from the agreement, along with 65 other organizations and agencies deemed to be contrary to US interests. However, this decision may have been made without proper authority, according to Harold Hongju Koh, a former head lawyer for the US State Department.
Koh argued that the president does not have the legal power to unilaterally withdraw from international agreements without Senate approval. He compared it to entering an agreement, where both parties must sign off on it, suggesting that if Trump had entered into the UNFCCC with the Senate's approval in 1992, his withdrawal would require their consent as well.
The issue of unilateral treaty withdrawal is complex and has been disputed by scholars. Some argue that presidents have long asserted the authority to withdraw from treaties without Senate approval, but Koh believes that this principle should apply equally to entering treaties.
Rhode Island Senator Sheldon Whitehouse called Trump's decision "not just corrupt, it's illegal." He argued that once a treaty is ratified by the Senate, only they can withdraw from it.
The US Constitution does not explicitly state how treaty withdrawal should be handled, leaving room for interpretation. The Supreme Court has never ruled on this issue, and experts are divided on what would happen if the US tries to rejoin the UNFCCC in the future.
Trump's exit from the UNFCCC is seen as a significant blow to international efforts to address climate change. Many experts believe that his decision will cause irreparable damage to the country's global credibility and lead to increased climate harms.
... Like, what's Trump tryin' to hide? Koh's got a point, man - if he wanted to withdraw, he shoulda gotten Senate approval like anyone else. But did he? Nah, I don't think so 
... And now Rhode Island Senator Sheldon Whitehouse is all like "this is corrupt and illegal" 
. It's like, we gotta keep an eye on this, you know? The Constitution doesn't say what to do, but that just means there's room for all sorts of manipulation 
... And if the US tries to rejoin the UNFCCC, who knows what'll happen? 
It's like they're playin' some kinda game, and we're all just along for the ride 
. This climate thing is serious, though - Trump's decision is like a big ol' bucket of monkey wrenches 
...
. I'm no expert, but it seems to me that he didn't exactly follow the rules, you know? He's gotta get approval from Congress or something before making big decisions like this... 
.
. Like, what even is he thinking? He just pulls out of this huge deal without even considering the bigger picture 
. And from what I've been reading, he didn't even do this right 
- someone who used to work for the State Department is saying that Trump doesn't have the authority to just withdraw like that, and that's pretty legit 
. It's just so sad that we're gonna lose out on an opportunity to make a difference. I mean, what does he care about climate change if not the American people 
. Still, I believe there's good coming out of this - maybe now the US will realize they can't do it alone and join forces with the rest of the world to save our planet 
. I mean, Koh's got some solid points about the Senate not being in on this withdrawal business 
. It's all about perspective, you know? Maybe this is an opportunity for the US to renegotiate or come up with its own climate plan 
? Idk, seems like we're in uncharted territory here 
...