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The Case For Climate Protection Authority, Nigel Purvis

Nigel Purvis

The United States should classify new international agreements to protect the Earth’s climate system as executive agreements rather than as treaties. Unlike treaties, which require the advice and consent of two-thirds of the Senate, executive agreements are entered into either solely by the President based on previously delegated constitutional, treaty, or statutory authorities, or by the President and Congress together pursuant to a new statute. Although limits exist on the types of climate agreements the President could enter into without the approval of Congress, the President’s authorities are broader than many legal scholars and policymakers realize, and could be relied …