In a major setback decision taken by Trump administration on June 1, 2017, showing his intention to withdraw in future from the Paris accord has diplomatically pushed the world community one step back in climate negotiation regime as almost all major players in climate regime have registered their disappointment with this decision. Joint statement by France, Germany,and Italy says the deal can not be renegotiated, while other countries reaffirm commitment to carbon reduction. China sees the USA withdrawal as an unfortunate development, and implications of it will be global. In the words of UN Secretary-General that “The decision by the United States to withdraw from the Paris Agreement on climate change is a major disappointment for global efforts to reduce greenhouse gas emissions and promote global security.” However, Secretary-General has shown his confidence in the US including cities, states,and businesses within the US that will continue to demonstrate vision and leadership by working for the low-carbon, resilient economic growth that will create quality jobs and markets for21st-century prosperity.The Secretary-General also looks forward to engaging with the American government and all actors in the United States and around the world to build the sustainable future.
The letter sent to UN Secretary-General Antonio Guterres by the US representative to the UN Nikki Haley reads as:
“The is to inform the Secretary-General, in connection with the Paris Agreement, adopted on December 12, 2015 (“the Agreement”), that the United States intends to exercise its right to withdraw from the Agreement. Unless the US identifies suitable terms for reengagement, the US will submit to the Secretary-General, in accordance with Article 28, paragraph 1 of the Agreement, formal written notification of its withdrawal as soon as it is eligible to do so. Pending the submission of that notification, in the interest of transparency for parties to the Agreement, the United States requests that the Secretary-General inform the parties to the Agreement and the States entitled to become parties to the Agreement of this communication relating to the Agreement.”
Interestingly, it must be noted that Article 28, paragraph 1 of the Paris Agreement does nowhere suggest that a State party to the Agreement can circulate such type of ‘written notification showing its intent to withdraw from the Agreement.’ Article 28, Paragraph 1 reads as “At any time after three years from the date on which this Agreement has entered into force for a Party, that Party may withdraw from this Agreement by giving written notification to the Depositary.”
It is clear from the language of Article 28, paragraph 1, that under the terms of the accord, no State can withdraw until November 2020 and cannot even formally notify the UN of its intention to leave until 2019. So the communication serves only for Donald Trump to remind the world that he is seeking ‘suitable terms for re-engagement.’The United States accepted the Paris Agreement on 3 September 2016, and the Agreement entered into force for the United States on 4 November 2016. Therefore, according to Article 28, paragraph 1, US will not be eligible to withdraw from the Agreement till November 4, 2019.
The USA’ ‘suitable terms’ for re-engagement
The US in his written submission to the Secretary-General highlighted that,unless it identifies ‘suitable terms for reengagement,’ it will submit to the Secretary-General aformal written notification of its withdrawal as soon as it is eligible to do so. Now, it is far from theclarity that what would be the suitable terms for theUS to make it re-engage again in climate change negotiation regime. Till now, there is no explicit indication, neither from the USA official statement including press release nor its submission to the UN Secretary-General, that on what ‘suitable or most favourable’ terms Trump administration will agree for reengagement that will, perhaps, be more in tune with his popular political slogan ‘make America great again.’However, there might be four possible speculative ways in which theUSA could establish different terms for participation. These may include:
That US could seek to renegotiate few aspects of the Agreement itself. Though several countries have made it clear that the Agreement is ‘irreversible.’ In this background, this option would hardly work for the USA. However, theoffice of UN Secretary-General welcomes any effort to re-engage in the Paris Agreement by the United States. Secretary-General has also shown his interest in engaging with the American government and all other actors in the US. Meanwhile, Secretary-General of the UNFCC (United Nations Framework Convention on Climate Change) said that the Paris Agreement remains a historic treaty signed by 194 and ratified by 147 countries. Therefore, it can not be renegotiated based on the request of single Party. However, Secretary-General (UNFCC) showed her interest in engaging in dialogue with the United States government regarding the implications of this decision of withdrawal.
That US could also seek to modify its ‘nationally determined contribution,’ i.e., the US emission target. The media-note also appears to be addressing this issue when it refers to the Administration’s support to “climate policy that lowers emissions while promoting economic growth and ensuring energy security.”The US further affirms that it will continue to reduce its greenhouse gas emissions through innovation and technology breakthroughs, given the importance of energy and security in many nationally determined contributions.
That, thirdly, US could seek ‘more favourable’ terms within the Paris-related guidelines that are still being negotiated for reporting and review. Such guidelines are due to be completed in 2018. It is perhaps this reason that the media note states that the US will continue to participate in the Paris-related negotiations, to protect US interests and ensure all future policy options remain open to the administration.” And possibly,for this reason, US has shown his intention to walk out only from the Paris accord, not also from the UNFCC convention.
That US might also seek improved terms of negotiation outside the framework of the agreement, such as bilateral or multilateral energy-related cooperation. As it is perhaps precisely indicated from the media-note that the US will “work with other countries to help them access and use fossil fuels more cleanly and efficiently, and deploy renewable and other clean energy sources.
Continuation of policy of re-engagement in COP23
COP23/CMP13 was decided to be hosted in Germany and presided over by Fiji from November 6 to November 17, 2017. In its opening joint plenary meeting held on November 6, US retreated its earlier position regarding withdrawal from the Paris accord unless it finds suitable terms for renegotiation. US said that “the US will withdraw from the Paris Agreement unless he can identify terms for reengagement that are more favourable to the American people.” “The Administration’s position remains unchanged.” Again, in the closing joint plenary session held on the last day of the conference,i.e., November 17, 2017, US said that U.S. participation in COP-23, including negotiations at this session relating to the Paris Agreement, does not indicate a change in the U.S. position.
One more political-cum-legal aspect to note here in COP23 that theUS has very smartly carried on its monetary diplomacy for future climate negotiation. The US has made it clear in very explicit terms that the financial pledges made under by the last administration are not legally binding. Moreover, with regard toeconomic matters, and in particular the $100 billion collective finance goal, the US has already taken a position that the finance goal is aspirational in nature, is not legally binding, and does not create rights or obligations.And it remains a domestic decision of the US or any other country for that matter.
As Trump administration said in media note that it will continue to reduce greenhouse gas emissions through innovation and technology, and enhance resilience activities where mutually beneficial to its broader foreign policy, economic development, and national security objectives, it reaffirms its endeavor to work closely with other countries to help them access to clean and efficient renewable energy sources. Here, US seems to be more in futuristic diplomatic engagement on climate issues, to bargain either bilaterally or multilaterally, perhaps outside of the UN Climate negotiation regime. From here, it would be not easy to assess which way US position will be tumbled precisely.
However, keeping in mind the dangerous multi-dimensional ramifications and impacts of climate change on the existence of human being and their future survival, it becomes imperative for the world community including USA to come together and address the multi-faceted issues of climate change taking place around the world. The USA must take the lead in tackling climate issue since it also emits world most substantial greenhouse gases. In addition to that, US also possesses themore financial capability, technological access, and infrastructure facilities along with thecapacity to mitigate greenhouse gases.