When former President Barack Obama signed the Paris Climate agreement, just what did he actually do? Is this a voluntary agreement, or is it an international treaty? Maybe it could be seen as a Memorandum of Understanding. The State Department has its own guidelines for this and they have been violated. President Trump may have also erred in the handling of this as you will read below.
As Written By Taylor Millard for Hot Air:
There’s a lot of handwringing on both sides of the aisle over whether President Donald Trump made the right decision to pull the U.S. out of the Paris Agreement. Potential California gubernatorial candidate Tom Steyer needlessly bloviated Trump committed “assault and battery” on American’s future. The Federalist’s David Harsanyi opined the withdrawal proved once and for all the Democrats have lost on climate change. Both sides appear to believe the Paris Agreement was voluntary, because of how politicians have portrayed it.
They’re both wrong.
The fact is the Paris Agreement is a treaty, and the U.S. was never ever a part of it. The theory was originally put forth by Eugene Kontorovich at The Volokh Conspiracy, pointing out the U.S. was the only nation to join the agreement via executive order.
Countries seem invariably to have accepted the agreement as a treaty that requires going through their internal treaty-ratification processes, typically submission to the legislature. Countries from the United Kingdom to China to Jamaica have ratified it through their legislatures. So has Brazil, Japan, the Philippines and Australia. In the latter, the question of whether it was a binding international accord requiring submission to Parliament received some discussion, and a parliamentary analysis concluded it was a “major treaty” that needed to be submitted.
This means going back and looking at the language of the agreement. Voluntary is found five times in the agreement, all in Articles 6 and 9. The key uses have to do with international transfer mitigation outcomes.
1. Parties recognize that some Parties choose to pursue voluntary………
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