Trump may need Congress approval to withdraw from Intermediate-Range Nuclear Forces (INF) Treaty

Can Trump abrogate the INF Treaty without Congress? Bulletin of the Atomic Scientists, By Walter C. Clemens, November 28, 2018 President Donald Trump wants to withdraw the United States from the Intermediate-Range Nuclear Forces (INF) Treaty signed by presidents Ronald Reagan and Mikhail Gorbachev in 1987. But can he do so without Congressional approval?

At first glance, it may appear that Trump has the authority to do so, considering that the president has already used his executive powers to pull the United States from the Paris climate agreement and the Iran nuclear deal.

But those were technically not treaties, but accords. (While definitions vary and are a bit fuzzy, a treaty is generally considered to be a formal written contract between sovereign states, and recognized by international law. In contrast, an accord is viewed as a lesser animal, and because it is not a treaty it does not need Congressional approval………..

if the commitment is indeed a full-fledged, bona fide treaty such as the Intermediate-Range Nuclear Forces Treaty, that leaves the question: Does the White House have the right to flout or void treaties—described by Chief Justice John Marshall in 1823 as the “supreme law of the land”—without approval by one or both houses of Congress? Some members of Congress certainly think that their approval is needed to exit a treaty; when the president warned in July 2018 that he might pull the United States from NATO, founded on a multilateral treaty, several senators said he could expect an extensive fight in Congress.

The question seems to boil down to this: While the Constitution says that the Senate needs to approve a treaty negotiated by the president, it says nothing about pulling out of a treaty. That leaves us with a conundrum: If it takes two branches of government to make a treaty, can the White House alone terminate it?

A problem more difficult than it first looks. The US Constitution provides no clear answers to this question, but the precedents established over more than two centuries suggest that the president may not act alone to abrogate US treaty obligations. …………

The Senate did place explicit restrictions on the president when it approved the INF Treaty in 1988, and the Conventional Forces in Europe Treaty in 1991. In each case, the Senate conditioned its consent on an understanding that the original interpretation of each treaty could not be unilaterally altered by the president. …………https://thebulletin.org/2018/11/can-trump-abrogate-the-inf-treaty-without-congress/?utm_source=Bulletin%20Newsletter&utm_medium=iContact%20email&utm_campaign=AbrogateINF

1.This Month

PETITION

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Energy efficiency – theme for July 2019

Energy efficiency represents the single largest potential contributor to global emissions reduction, according to the International Energy Agency (IEA 2017). It should be a key part of the global energy strategy, for several reasons:

It could reduce global electric demand by more than 20 per cent, based on current rates in the U.S. power sector, while maintaining high levels of services such as heating and lighting.
It avoids the need for increased energy, capacity and grid services, making it the least expensive way to decarbonise at scale.
It can reduce carbon dioxide emissions by billions of tonnes.

A dramatic example of the power of energy efficiency is lighting. In 2017 the United States passed the milestone of 1 billion LED and CFL lights installed, avoiding 142 million tonnes a year of carbon dioxide emissions, at a cost of about $7 per ton of avoided carbon dioxide. In contrast, the cumulative installed capacity of rooftop solar reached 8,000 MW in 2017, saving 8 million tonnes a year of carbon dioxide, at a cost of $360 per ton. Lighting efficiency thus yielded almost 18 times the avoided carbon dioxide, at about 2 per cent the cost per ton of rooftop solar.

Google provides another example of the power of energy efficiency. Its data centers now use 50 per cent less energy than the average data center, according to the company. Google also developed an improved chip, the TPU, which performs 83 times better than standard CPUs. The new chip allowed Google to reduce power consumption at its data centers by a factor of 30—far exceeding the effect on Google’s carbon footprint of all of the company’s renewable energy purchases. ” – John Woolard, Eco Business, 10 June 2019

nuclear-news

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