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Withdrawal from International Agreements: Legal Framework, the Paris Agreement, and the Iran Nuclear Agreement

CNN – President Trump announced on May 8 2018 that the US is withdrawing from the Iran Nuclear Deal – Signs Presidential Memorandum to reinstate economic sanctions – and via EveryCRSReport.com – Withdrawal from International Agreements: Legal Framework, the Paris Agreement, and the Iran Nuclear Agreement, May 8, 2018: “The legal procedure through which the United States withdraws from treaties and other international agreements has been the subject of long-standing debate between the legislative and executive branches. Recently, questions concerning the role of Congress in the withdrawal process have arisen in response to President Donald J. Trump’s actions related to certain high-profile international commitments. This report outlines the legal framework for withdrawal from international agreements under domestic and international law, and it applies that framework to two pacts that may be of significance to the 115th Congress: the Paris Agreement on climate change and the Joint Comprehensive Plan of Action (JCPOA) related to Iran’s nuclear program. Although the Constitution sets forth a definite procedure whereby the Executive has the power to make treaties with the advice and consent of the Senate, it is silent as to how treaties may be terminated. Moreover, not all agreements between the United States and foreign nations take the form of Senate-approved, ratified treaties. The President also enters into executive agreements, which do not receive the Senate’s advice and consent, and “political commitments” that are not binding under domestic or international law. The legal procedure for withdrawal often depends on the type of agreement at issue, and the process may be further complicated when Congress has enacted legislation to give the international agreement domestic legal effect…”

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