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Trump Withdraws US from UN Climate Treaty
Politics

Trump Withdraws US from UN Climate Treaty

Grist5d ago
3 min read
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Key Facts

  • ✓ President Trump announced withdrawal from the UN Framework Convention on Climate Change (UNFCCC)
  • ✓ The UNFCCC was ratified by the U.S. Senate in 1994 with a 92-0 vote
  • ✓ The move affects more than 60 international agreements beyond climate issues
  • ✓ The U.S. would become the only country unable to participate in multilateral climate debates
  • ✓ Legal experts disagree on whether future presidents can rejoin without new Senate approval

In This Article

  1. Quick Summary
  2. Historic Withdrawal from Bedrock Treaty
  3. Legal Uncertainty and Constitutional Questions
  4. Political and Diplomatic Implications

Quick Summary#

President Trump has announced the withdrawal of the United States from the United Nations Framework Convention on Climate Change (UNFCCC), representing the most dramatic step yet against global climate action. This move extends beyond the previous withdrawal from the Paris Agreement and could permanently alter America's role in international environmental negotiations.

The decision affects more than 60 international agreements and removes the U.S. from participation in global climate talks, including annual Conference of the Parties (COP) meetings. Unlike the Paris Agreement, which was joined through executive action, the UNFCCC was ratified by the Senate in 1994 with unanimous support, making the legal path to rejoining uncertain and potentially requiring new Senate approval.

Former White House climate advisor Gina McCarthy condemned the move as "short-sighted, embarrassing, and foolish." The withdrawal could prove difficult to reverse, potentially leaving the world's largest economy out of international climate negotiations for years or even decades, depending on future political and legal developments.

Historic Withdrawal from Bedrock Treaty#

President Trump announced the withdrawal of the United States from the United Nations Framework Convention on Climate Change through a brief memorandum stating the intention to "effectuate the withdrawal." This treaty, established more than three decades ago, serves as the foundation for international climate cooperation and was signed into law by President George H.W. Bush. The UNFCCC created the framework that enabled the 2015 Paris Agreement, making it the boardroom where nations negotiated climate contracts.

The withdrawal represents a fundamental shift in U.S. climate policy that extends far beyond the Paris Agreement exit. While the Paris Agreement functioned as a contract to limit global warming, the UNFCCC provides the institutional structure for all international climate negotiations. Without participation in the UNFCCC, the United States cannot attend Conference of the Parties meetings or engage in multilateral climate discussions.

During his first term, Trump did not attempt to leave the UNFCCC, and no nation has ever attempted to withdraw from the treaty. The current administration has also:

  • Cut foreign aid for climate resilience programs
  • Pressured countries to delay crucial carbon tax agreements
  • Removed the U.S. from the Paris Agreement

The memorandum declares that "For United Nations entities, withdrawal means ceasing participation in or funding to those entities to the extent permitted by law." However, it remains unclear whether this constitutes a formal withdrawal notice to the UN governing body or simply a suspension of participation during Trump's tenure.

"This is a short-sighted, embarrassing, and foolish decision"

— Gina McCarthy, Former White House Climate Advisor

Legal Uncertainty and Constitutional Questions#

The legal authority to withdraw from Senate-ratified treaties remains ambiguous under U.S. Constitution. Article II grants the president power to make treaties with Senate consent, but is silent on who has authority to leave or rejoin them. Some legal scholars argue the president has unilateral power to terminate treaties, while others contend only the Senate can withdraw from Senate-ratified agreements.

Senator Sheldon Whitehouse, a Democrat and leading climate advocate, stated that Trump's move was illegal and that only the Senate can withdraw from Senate-ratified treaties. The Supreme Court has never ruled on this issue, having referred to a similar 1979 case involving President Carter's termination of a defense treaty with China as a "political question" not subject to judicial authority.

Experts disagree on whether a future president could rejoin the UNFCCC:

  • Some believe the 1994 Senate vote (92-0) provides authority to rejoin without new approval
  • Others argue Trump's withdrawal annuls that vote, requiring a new two-thirds Senate majority
  • Legal challenges could arise if a future president attempts rejoining without Senate consent

Sue Biniaz, a lead U.S. negotiator in climate talks for decades, believes the country "could rather seamlessly rejoin." However, Michael Gerrard, a climate law expert at Columbia University, noted competing theories about Senate consent for rejoining treaties without knowing which theory is correct.

Political and Diplomatic Implications#

The withdrawal could remove the United States from international climate negotiations for far longer than the remainder of Trump's term. Opposition to climate action has become a core commitment of the Republican party, and Republicans hold a durable advantage in the Senate where rural states hold disproportionate sway. This political landscape makes a future vote to rejoin the agreement look remote.

If a future president attempted to rejoin the UNFCCC without Senate consent, anti-climate groups would likely file legal challenges citing the Senate's treaty authority. The ambiguity in U.S. law creates uncertainty about whether future presidents can reverse the decision, potentially making the withdrawal more durable than the Paris Agreement exit.

Gina McCarthy, who served as White House climate advisor to former President Joe Biden, issued a statement calling the decision "short-sighted, embarrassing, and foolish." She added that "The Trump administration is throwing away decades of U.S. climate leadership and global collaboration."

The other 197 countries party to the UNFCCC will continue negotiating global climate agreements, but will do so without the participation of the world's largest economy. This marks the first time in the treaty's history that a nation has attempted to withdraw, creating unprecedented uncertainty about the future of U.S. participation in global climate governance.

"The Trump administration is throwing away decades of U.S. climate leadership and global collaboration"

— Gina McCarthy, Former White House Climate Advisor

"Could rather seamlessly rejoin"

— Sue Biniaz, Lead U.S. Climate Negotiator
#International#Politics

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