Trump's Withdrawal from UN Climate Treaty Raises Legal Questions

New York | EcoPulse24

On Wednesday, January 7, 2026, US President Donald Trump announced the withdrawal of the United States from dozens of international and UN bodies, including the United Nations Framework Convention on Climate Change (UNFCCC) and the Intergovernmental Panel on Climate Change (IPCC). This unprecedented move has raised significant legal questions about the president’s authority to withdraw from treaties ratified by the Senate.

Legal experts argue that since the US entered the UNFCCC in 1992 with Senate advice and consent, Congress should also approve any withdrawal. Jane Su, Director of Energy Justice at the Center for Biological Diversity, stated, “Because the US joined the UNFCCC with Senate approval, our legal view is that the same process should apply for withdrawal. Allowing this unlawful move could forever close the door on US climate diplomacy.”

Trump, a vocal critic of renewable energy who has described climate change as a “hoax,” has gone beyond his previous withdrawal from the Paris Climate Agreement by removing the US from the foundational UNFCCC, which underpins the Paris accord. He also withdrew from the IPCC and several other UN agencies focused on environment, health, arts, and women's rights.

International law experts note that this move raises major legal questions, as US legal precedent is unclear on whether a president can unilaterally withdraw from a treaty ratified by a Senate majority. While the US Constitution clearly outlines the process for treaty ratification, it is silent on withdrawal, according to Curtis Bradley, a professor at the University of Chicago Law School.

Historically, some presidents have claimed the authority to withdraw from international agreements without congressional approval. For example, President Ronald Reagan withdrew from UNESCO in 1983. Bradley noted that Congress can pass legislation to prevent unilateral withdrawal, as it did in 2023 concerning NATO, but such action is unlikely for the UNFCCC due to political polarization.

The withdrawal from the UNFCCC will take effect one year after notification, meaning the US will exit all global climate negotiations, including the Paris Agreement. The US already skipped last year's UN climate summit in Belém, Brazil, for the first time in three decades, and Trump had previously announced the Paris Agreement withdrawal. The US will become the only country to leave the UNFCCC.

The UNFCCC requires wealthy industrialized countries to take measures to reduce emissions, adopt greenhouse gas reduction policies, report emissions publicly, and provide funding to help poorer nations address climate change.

Experts are divided on how difficult it would be for a future administration to rejoin the UNFCCC. Some legal groups believe a new administration would need a two-thirds Senate majority for re-ratification; others argue the US could rejoin after 90 days using the same process as in 1992, when the Senate approved unanimously.

Given today’s deep political polarization, achieving a two-thirds Senate majority is nearly impossible, especially on divisive issues.

Sue Biniaz, former Special Climate Envoy under the Biden administration, believes rejoining could be “smooth” due to the Senate's previous unanimous consent. She added, “There are multiple future pathways for rejoining key climate agreements.” White House officials were not immediately available to comment on the legality of Trump’s move.

This decision is part of Trump’s broader announcement to withdraw the US from 66 multilateral organizations covering issues from climate to cotton, reflecting his administration’s opposition to international bodies and focus on oil, gas, and mining development.