000249518 001__ 249518 000249518 005__ 20210122075850.0 000249518 0247_ $$2doi$$a10.22004/ag.econ.249518 000249518 037__ $$a450-2016-34071 000249518 037__ $$a450-2016-34159 000249518 041__ $$aeng 000249518 084__ $$aQ54 000249518 084__ $$aQ56 000249518 245__ $$aA climate treaty without the US Congress: Using executive powers to overcome the ‘Ratification Straitjacket’ 000249518 260__ $$c2015-11 000249518 269__ $$a2015-11 000249518 300__ $$a26 000249518 336__ $$aWorking or Discussion Paper 000249518 520__ $$aThe issue of US ratification of international environmental treaties is a recurring obstacle for environmental multilateralism, including the climate regime. Despite the perceived importance of the role of the US to the success of any future international climate agreement, there has been little direct coverage in terms of how an effective agreement can specifically address US legal participation. This paper explores potential ways of allowing for US legal participation in an effective climate treaty. Possible routes forward include the use of domestic legislation such as section 115 (S115) of the Clean Air Act (CAA), and the use of sole-executive agreements, instead of Senate ratification. Legal participation from the US through sole-executive agreements is possible if the international architecture is designed to allow for their use. Architectural elements such as varying legality and participation across an agreement (variable geometry) could allow for the use of sole-executive agreements. Two broader models for a 2015 agreement with legal participation through sole-executive agreements are constructed based upon these options: a modified pledge and review system and a form of variable geometry composed of number of opt-out, voting based protocols on specific issues accompanied with bilateral agreements on mitigation commitments with other major emitters through the use of S115 and sole-executive agreements under the Montreal Protocol and Chicago Convention (Critical Mass Governance). While there is no single solution, Critical Mass Governance appears to provide the optimum combination of tools to effectively allow for US legal participation whilst ensuring an effective treaty. 000249518 650__ $$aEnvironmental Economics and Policy 000249518 6531_ $$aClimate regime 000249518 6531_ $$aratification 000249518 6531_ $$aUS 000249518 6531_ $$aclimate policy 000249518 6531_ $$aUNFCCC 000249518 700__ $$aKemp, Luke 000249518 8564_ $$9107e3fa6-e74b-454b-a145-ee18763c5a0a$$s437102$$uhttps://ageconsearch.umn.edu/record/249518/files/ccep1513.pdf 000249518 887__ $$ahttp://purl.umn.edu/249518 000249518 909CO $$ooai:ageconsearch.umn.edu:249518$$pGLOBAL_SET 000249518 912__ $$nSubmitted by Greta Thormodson (thorm018@umn.edu) on 2016-11-09T22:03:46Z No. of bitstreams: 1 ccep1513.pdf: 437102 bytes, checksum: 0943d414caa21d932b62b03c2af1e6fd (MD5) 000249518 912__ $$nMade available in DSpace on 2016-11-09T22:03:47Z (GMT). No. of bitstreams: 1 ccep1513.pdf: 437102 bytes, checksum: 0943d414caa21d932b62b03c2af1e6fd (MD5) Previous issue date: 2015-11 000249518 913__ $$aLicense granted by Greta Thormodson (thorm018@umn.edu) on 2016-11-09T22:02:42Z (GMT): <p class="ds-paragraph"> By depositing this Content ("Content") in AgEcon Search, I agree that I am solely responsible for any consequences of uploading this Content to AgEcon Search and making it publicly available, and I represent and warrant that: I am either the sole creator and the owner of the copyrights and all other rights in the Content; or, without obtaining another’s permission, I have the right to deposit the Content in an archive such as AgEcon Search. To the extent that any portions of the Content are not my own creation, they are used with the copyright holder’s express permission or as permitted by law. Additionally, the Content does not infringe the copyrights or other intellectual property rights of another, nor does the Content violate any laws or another’s rights of privacy or publicity. The Content contains no restricted, private, confidential, or otherwise protected data or information that should not be publicly shared. I understand that AgEcon Search will do its best to provide perpetual access to my Content. In order to support these efforts, I grant the Regents of the University of Minnesota ("University"), through AgEcon Search, the following non-exclusive, irrevocable, royalty-free, world-wide rights and licenses: to access, reproduce, distribute and publicly display the Content, in whole or in part, in order to secure, preserve and make it publicly available, and to make derivative works based upon the Content in order to migrate the Content to other media or formats, or to preserve its public access. These terms do not transfer ownership of the copyright(s) in the Content. These terms only grant to the University the limited license outlined above. </p> 000249518 980__ $$a450 000249518 982__ $$gAustralian National University>Centre for Climate Economics & Policy (CCEP)>Working Papers