The difficulty of ratifying any future climate change agreement through the Article II treaty process calls for an understanding of the scope of the President’s independent power to enter into internationally binding commitments related to climate change. This power is necessarily limited, but as this paper shows, the President’s foreign affairs powers, together with authority derived from existing treaty obligations and federal statutes, provide legal authority for the President to enter executive agreements relating to measurement, reporting, and verification; aviation emissions; cooperative research and development in science and technology; and capacity-building for developing countries.
Environmental Law | Law
International Executive Agreements on Climate Change,
Sabin Center for Climate Change Law, Columbia Law School, November 2009
Available at: https://scholarship.law.columbia.edu/sabin_climate_change/175