Does the President Really Matter to U.S. Participation in International Law? A View from the Perspective of Oceans Law

by Robin Kundis Craig | November 13, 2018

This post is part of a series of essays from the Environmental Law Collaborative on the theme "Environmental Law. Disrupted." It was originally published on Environmental Law Prof Blog.

How much do presidents really matter to the United States' participation in international environmental law?

Fairly obviously, presidential turnovers in the United States are absolutely critical to how the United States conducts its international relations. President George W. Bush's pursuit of Middle Eastern terrorists in the wake of 9/11, including wars in Iraq and Afghanistan, represents a far different engagement with the rest of the world regarding international terrorism than President Obama's reliance on drones and attempts to bring American troops back home. In turn, President Obama's engagement with the rest of the world on climate change, including committing the United States to the Paris Accord, represents a radically different path than the one President Trump has thus far chosen to walk with regard to the same issue. Indeed, President Trump's "America First" approach to international relations shows every sign of becoming one of the most presidentially driven idiosyncratic periods in the United States' relations with the rest of the world since at least the conclusion of World War II.

But how much does any of that matter to the United States' participation in international environmental law?

The issue, of course, is that the United States Constitution formulates treaty-making as a two-body problem: The president signs and ...

Paris Withdrawal Could Lead to 'Lost Century'

by Noah M Sachs | June 01, 2017
The President’s decision to withdraw the United States from the Paris Agreement is a tragedy born of his failure to appreciate the vital importance of U.S. leadership in the world. It’s particularly regrettable coming as it does on the heels of his performance in Europe last week, during which his refusal to embrace the fundamental underpinnings of NATO rocked the alliance. By abandoning the Paris Agreement, Trump continues on a reckless path of pretending that the dire threat posed by ...

The Paris Agreement and Theories of Justice

by Alice Kaswan | December 21, 2015
As we seek to understand and assess the Paris Agreement over the coming months and years, we will continue to contemplate the critical underlying political and ethical question: who should be responsible?  And to what degree should that responsibility take the form of direct action versus providing support in the form of financing, technology transfer, and capacity-building?  As my Center for Progressive Reform colleague Noah Sachs has observed, the principle of common but differentiated responsibility (CBDR) has been a consistent ...

Does the Paris Agreement Open the Door to Geoengineering?

by Daniel Farber | December 15, 2015
If we're serious about keeping warming "well below" 2 degrees C, geoengineering may be necessary. The Paris agreement establishes an aspirational goal of holding climate change to 1.5 degrees C, with a firmer goal of holding the global temperature decrease “well below” 2 degrees C. As a practical matter, the 1.5 degrees C goal almost certainly would require geoengineering, such as injecting aerosols into the stratosphere or solar mirrors. Even getting well below 2 degrees C is likely to require ...

Stocktaking and Ratcheting After Paris

by Noah M Sachs | December 10, 2015
In the latest draft treaty text from Thursday evening in Paris two contentious issues seem to be resolved: how often the agreement will be reviewed after it is adopted (“stocktaking”) and whether the reviews should involve ever-more-stringent commitments by the parties (“ratcheting”). The background here is that the greenhouse gas reduction commitments made so far by 185 countries are voluntary, and they have varying levels of ambition.    Most countries committed to fulfill their promised reductions by 2030, but some countries, including the ...

What Will 'Common But Differentiated Responsibility' Mean After Paris?

by Noah M Sachs | December 09, 2015
Here at the UN climate summit is Paris, negotiators are hashing out the new meaning of an old term: common but differentiated responsibility (CBDR). CBDR has been a bedrock principle of climate negotiations since 1992. It was the basis for dividing the world into two camps: 37 developed nations that had binding greenhouse gas emissions reductions targets, and the rest of the world. There are many definitions for CBDR, but the best one I’ve heard was given by former Undersecretary ...

Taking ACUS to Task for Industry Bias in 'International Regulatory Cooperation' Project

by Michael Patoka | March 22, 2013
In late 2011, a little known but surprisingly influential independent federal agency called the Administrative Conference of the United States (ACUS) conducted a research project on “International Regulatory Cooperation” (IRC), culminating in a set of recommendations to U.S. agencies. In a letter sent yesterday (March 21), CPR Member Scholars Rena Steinzor and Thomas McGarity, and I urge ACUS Chairman Paul Verkuil to look back over the project’s many flaws, which reflect—in both process and substance—ACUS’s pervasive bias toward the views of ...

Navigating the High Seas: Why the U.S. Should Ratify the Law of the Sea Treaty

by Rebecca Bratspies | September 18, 2012
a(broad) perspective Today’s post is the last in a series on a recent CPR white paper, Reclaiming Global Environmental Leadership: Why the United States Should Ratify Ten Pending Environmental Treaties.  Each month, this series will discuss one of these treaties.  Previous posts are here. United Nations Convention on the Law of the Sea (UNCLOS) and Agreement Relating to the Implementation of Part XI of the Convention Adopted and Opened for Signature on December 10, 1982. Agreement on Part XI Adopted ...

Two Years and Counting: Looking Forward

Farber | Dec 10, 2018 | Environmental Policy

Two Years and Counting: A Historical Perspective

Farber | Dec 06, 2018 | Environmental Policy

Two Years and Counting: Trump at Mid-Term

Farber | Dec 03, 2018 | Environmental Policy

Opinion Analysis: Frogs and Humans Live to Fight Another Day

Heinzerling | Nov 30, 2018 | Environmental Policy

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