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Five Reasons WHY US Cannot (or Should NOT) Ratify the Paris Climate Accord!

I decided since people are discussing the Paris Climate Accord adopted at one of the many Wastes of Time (aka UN Climate Conferences) I would apply my learned and storied legal mind (Praise Jesus for it!) to the agreement itself.

Here is the text in English of the Paris Agreement.

Five (or more) reasons for the US to reject the agreement and/or the agreement is unconstitutional:

Reports to foreigners not authorized under the Constitution (Art 13, section 7):

7. Each Party shall regularly provide the following information:
(a) A national inventory report of anthropogenic emissions by sources and removals by sinks of greenhouse gases, prepared using good practice
methodologies accepted by the Intergovernmental Panel on Climate Change and agreed upon by the Conference of the Parties serving as the meeting of the Parties to this Agreement; and
(b) Information necessary to track progress made in implementing and
achieving its nationally determined contribution under Article 4.
And that “nationally determined contribution” is required efforts by each developed nation to fight the so-called carbon emissions issue (Art 3, sect 1):
As nationally determined contributions to the global response to climate
change, all Parties are to undertake and communicate ambitious efforts as defined in Articles 4, 7, 9, 10, 11 and 13 with the view to achieving the purpose of this Agreement as set out in Article 2. The efforts of all Parties will represent a progression over time, while recognizing the need to support developing country Parties for the effective implementation of this Agreement.
And this agreement requires foreign aid to so-called developing nations to ensure each nation can do their part to combat global warming! (See the bolded words above.)
There’s more and it is not free market friendly (Art. 4, sects 2-3) [Remember that “shall” means “must” and not “may” and all treaties enacted in pursuance to the Constitution are the supreme law of the land.  So many nations might cynically sign this to look good and do not care about actual law, the US cannot do that!]:
2. Each Party shall prepare, communicate and maintain successive nationally determined contributions that it intends to achieve. Parties shall pursue domestic mitigation measures, with the aim of achieving the objectives of such contributions.
3. Each Party’s successive nationally determined contribution will represent a progression beyond the Party’s then current nationally determined contribution and reflect its highest possible ambition, reflecting its common but differentiated responsibilities and respective capabilities, in the light of different national circumstances.
4. Developed country Parties should continue taking the lead by undertaking economy-wide absolute emission reduction targets. Developing country Parties should continue enhancing their mitigation efforts, and are encouraged to move over time towards economy-wide emission reduction or limitation targets in the light of different national circumstances.
And MORE required foreign aid (Art 4, sect 5):
5. Support shall be provided to developing country Parties for the
implementation of this Article, in accordance with Articles 9, 10 and 11,
recognizing that enhanced support for developing country Parties will allow for higher ambition in their actions.
Need more?  Reporting to foreigners (Art 4, sect 9):
9. Each Party shall communicate a nationally determined contribution every five years in accordance with decision 1/CP21 and any relevant decisions of the Conference of the Parties serving as the meeting of the Parties to this Agreement and be informed by the outcomes of the global stocktake referred to in Article 14.
Let me make this clear:  We WILL have to come up with an acceptable plan to reduce carbon emissions and increase that plan over time AND report our progress to a potential hostile foreign committee.   And financially help the so-called developing nations.  (Remember what Ronulus Maximus II [Ron Paul] said about foreign aid:  it is taxing poor people from rich nations to give to rich people in poor nations!  Now there are opportunities to serve other nations with rule of law projects etc and that can involve government funds.   But that is not really foreign aid:  Usually US companies get the money!)
Now it is true that this cause does allow for voluntary actions by nations BUT read carefully (Art 6, sect 4):
4. A mechanism to contribute to the mitigation of greenhouse gas emissions and support sustainable development is hereby established under the authority and guidance of the Conference of the Parties serving as the meeting of the Parties to this Agreement for use by Parties on a voluntary basis. It shall be supervised by a body designated by the Conference of the Parties serving as the meeting of the
Parties to this Agreement,…
The voluntary basis is how the nations choose to contribute – not the actual contribution itself!  Earlier in this excuse for an agreement it reminds us of its real goals (Art 4, sect. 1) [see bolded language]:
1. In order to achieve the long-term temperature goal set out in Article 2,
Parties aim to reach global peaking of greenhouse gas emissions as soon as possible, recognizing that peaking will take longer for developing country Parties, and to undertake rapid reductions thereafter in accordance with best available science, so as to achieve a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in the second half of this century, on the basis of equity, and in the context of sustainable development and efforts to eradicate poverty.
This is Agenda 21/Millennium/Sustainable Development Goals type language.  Socialistic, central planned economies are assumed and probably intended under this agreement.  If the nations of the world REALLY wanted to eradicate poverty, they would adopt free market systems and get governments out of the way.
There is a “mechanism” to “promote compliance” with the Paris accords (Art 15, sect. 1-2):
1. A mechanism to facilitate implementation of and promote compliance with the provisions of this Agreement is hereby established.
2. The mechanism referred to in paragraph 1 of this Article shall consist of a committee that shall be expert-based and facilitative in nature and function in a manner that is transparent, non-adversarial and non-punitive. The committee shall pay particular attention to the respective national capabilities and circumstances of Parties.
I don’t care if it is “non-punitive” – it is yet another report to foreigners not authorized under the Constitution.
Article 12 will REQUIRE Climate Change propaganda in our schools [And maybe suppression of the opinions of so-called climate denial or deniers!]:
Parties shall cooperate in taking measures, as appropriate, to enhance climate change education, training, public awareness, public participation and public access to information, recognizing the importance of these steps with respect to enhancing actions under this Agreement.
And this clause forbids ANY reservations (Art 27):
Article 27
No reservations may be made to this Agreement.
I have a serious Reservation to this:  The United States Constitution.  Whew!  I’ve had enough of that Waste of Time!  I need to lay down for a few minutes.  Let’s be thankful that President Hillary Clinton isn’t enthusiastically agreeing to this thing.
My summary:
The Paris Climate Agreement has the legal potential to radically alter our nation.  It most definitely is NOT a “feel good” treaty.  (There really aren’t any of those anyway!)  Signing and implementing this treaty will not Make America Great Again but rather will be one more important step toward world government.  President Trump should repudiate it immediately and urge other nations to do the same.

 

About Elwood Sanders

Elwood “Sandy” Sanders is a Hanover attorney who is an Appellate Procedure Consultant for Lantagne Legal Printing and has written ten scholarly legal articles. Sandy was also Virginia’s first Appellate Defender and also helped bring curling in VA! (None of these titles imply any endorsement of Sanders’ views)

3 Responses to “Five Reasons WHY US Cannot (or Should NOT) Ratify the Paris Climate Accord!”

  1. Paul Blumstein says:

    It is global warming only in the sense that it is international hot air ☺

  2. Trump Watcher says:

    We’re such a $corrupt$ society that we do not know who to believe.

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    Tom White Says:

    Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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