The Week That Was: September 10, 2016 – Brought to You by www.SEPP.org
By Ken Haapala, President, Science and Environmental Policy Project
Treaty or No Treaty? According to reports, on September 3, U.S. President Obama and Chinese President Xi Jinping signed the Paris Climate Agreement (Treaty) prior to the G-20 economic meeting in Hangzhou, China. It is becoming clear that Mr. Obama has no intention of submitting the agreement for approval by two-thirds of the US Senate to become a Treaty, as required by the US Constitution — Article II, Section 2, Clause 2. As such, the agreement is not a treaty having the force of law in the United States, nor is it even a Congressional-Executive Agreement requiring a simple majority in both the Senate and the House of Representatives. The enforcement of the agreement under international law is a subject for legal scholars and; possibly extensive litigation. As the situation exists now, the future President can simply state that the United States changed its mind. Of course, the avid green groups would be outraged.