|Withdrawing from international agreements, as President Trump has proposed to do in certain cases, can be a complicated as well as a controversial step, a new report from the Congressional Research Service indicates.
Aside from the wisdom of any such move, withdrawal raises distinct legal issues under both national and international law. “The legal regime governing withdrawal under domestic law may differ in meaningful ways from the procedure for withdrawal under international law.”
As for treaties, which are adopted with the advice and consent of the Senate, the Constitution “is silent as to how treaties may be terminated.”
The new CRS report examines the legal questions raised by potential U.S. withdrawal from international agreements, with specific application to the Paris Agreement on climate change and the Iran nuclear agreement.
See Withdrawal from International Agreements: Legal Framework, the Paris Agreement, and the Iran Nuclear Agreement, February 9, 2017.
Other new and updated reports from the Congressional Research Service include the following.
Iraqi and Afghan Special Immigrant Visas (SIVs), CRS Insight, February 8, 2017
Overseas Contingency Operations Funding: Background and Status, updated February 7, 2017
Qualified Immunity for a Police Shooting, CRS Legal Sidebar, February 9, 2017
Monetary Policy and the Federal Reserve: Current Policy and Conditions, February 7, 2017
Import Taxes on Mexican Crude Oil, CRS Insight, February 9, 2017
U.S. Foreign Assistance to Latin America and the Caribbean: Trends and FY2017 Appropriations, February 8, 2017
What is the Proposed U.S.-EU Insurance Covered Agreement?, CRS Insight, February 7, 2017
Israel: Background and U.S. Relations In Brief, updated February 9, 2017
Lebanon, February 7, 2017