The decision of the American president Donald Trump The announcement of the United States' withdrawal from the main United Nations climate treaty has revived a legal debate on the extent of its powers and the validity of the procedure initiated.
The Trump administration indicated its intention to withdraw from the United Nations Framework Convention on Climate Change (UNFCCC), the foundational agreement adopted in 1992 that serves as the basis for international climate negotiations, including the Paris Agreement. Washington argues that the treaty imposes unfair economic constraints and puts the United States at a disadvantage compared to other major economies.
Legal experts point out, however, that the UNFCCC was ratified by the US Senate, which could limit the president's ability to withdraw from it unilaterally without congressional approval. Unlike the Paris Agreement, which was adopted through executive action, the 1992 convention is considered a formal treaty under US constitutional law.
According to several constitutional experts, a withdrawal without parliamentary consultation could be challenged in court, particularly on the grounds that it exceeds the executive branch's prerogatives. Others, however, believe that the Constitution remains ambiguous on this issue and that historical practice has sometimes allowed presidents to withdraw from treaties without a Senate vote.
Internationally, such a decision would place the United States outside the multilateral framework on climate change and complicate its future participation in negotiations. European and Asian diplomats have already expressed their concerns, emphasizing that the UNFCCC forms the backbone of global cooperation in the face of climate change.
The White House did not specify the exact timeline or legal modalities of the withdrawal, simply stating that it was studying "all available options." In the meantime, the announcement increases uncertainty about the American position in global climate governance and could open a new political and legal battle in Washington.
