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This Article asserts that neither Senate advice and consent nor new congressional legislation are necessarily conditions precedent to the United States' becoming a party to a binding agreement to be adopted at the 21st Conference of the Parties to the UN Framework Convention on Climate Change, which is to be held in Paris in December 2015. Depending on the form of such an agreement, which is presently under negotiation, the President's Climate Action Plan could provide sufficient domestic legal authority for the conclusion of all or part of such a binding international instrument as an executive agreement, as well as for its domestic implementation, overcoming the legal necessity for interaction with the Congress either before or after its conclusion.


File nameDate UploadedVisibilityFile size
8 Sep 2022
224 kB



  • Subject
    • Administrative Law

    • Environmental Law

    • International Law

    • Natural Resources Law

  • Journal title
    • Harvard Environmental Law Review

  • Volume
    • 39

  • Issue
    • 2

  • Pagination
    • 515-566

  • Date submitted

    8 September 2022