Copenhagen: Danger Will Robinson. . .

Many of you have probably heard us mention the Copenhagen Treaty in passing. This week, the Copenhagen Treaty took center stage when Margaret Thatcher’s former science advisor, Lord Christopher Monchton, warned us that the United States was about to hand over its sovereignty to a world government. Let’s discuss. . .


What Monchton Said

On Wednesday night at an event sponsored by the Minnesota Free Market Institute, Lord Monchton warned that Obama intended to sign something called the Copenhagen Treaty in December of this year. This 200 page treaty, according to Monchton, would create a “world government” which would draft environmental regulations, which each signatory to the treaty would be required to enforce. This “government” also would oversee the transfer of wealth from the West to third world countries, to satisfy something called a “climate debt” based on the idea that the West has caused more pollution than the rest of the world.

Monchton then stated that if Obama signs the treaty, it will take precedence over the Constitution, and that the United States could not withdraw from the treaty without the agreement of all other treaty signatories.

Is he right? Not quite, though there is reason to be concerned.


What Is The Copenhagen Treaty?

Between December 7-18, 2009, the United Nations Climate Change Conference will meet in Copenhagen, Denmark for the purposes of completing a treaty (the Copenhagen Treaty) that will replace the Kyoto Treaty, which expires in 2012.

The Kyoto Treaty (actually the Kyoto Protocol) is an environmental treaty negotiated through the United Nations, which aims to achieve “stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system.” In other words, the treaty aims to force countries to cut their “greenhouse gas emissions” to levels that will not affect the climate. The term “anthropogenic inference” is bureau-speak for “human activity.”

Kyoto was adopted in December 1997 and took effect in February 2005. As of October 2009, 184 countries have signed and ratified the treaty. However, Kyoto does not apply equally. Under Kyoto, only 37 industrialized countries must make cuts -- they must reduce various “greenhouse gases” by 5% from their 1990 levels. These gases include carbon dioxide, methane, nitrous oxide, sulphur hexafluoride, hydroflurocarbons, and perfluorocarbons.

The remaining countries are not required to cut their emissions at all. These are the so-called “developing countries.” This includes both China and India, even though both are heavy polluters. Indeed, as of August 2008, China is the world’s largest emitter of greenhouse gases. India is third, just behind the United States.

It was because the developing countries were not included that the United States government never ratified Kyoto. On November 12, 1998, Vice President Algore symbolically signed the protocol, even though he acknowledged that the protocol would not be acted upon by the United States until the developing nations were required to participate. And indeed, the Clinton Administration never submitted the treaty to the Senate for ratification.

The Bush Administration also refused to submit the treaty to the Senate for ratification.

Many environmentalists thought Obama would submit the treaty to the Senate, but he too has refused. In April 2009, Obama said that “it doesn’t make sense for the United States to sign the Kyoto Protocol because it is about to end.”

The Copenhagen Treaty is an attempt to replace the Kyoto Treaty when it expires in 2012. Obama has not committed to signing that treaty yet.


What Does The Copenhagen Treaty Do?

Does the Copenhagen Treaty do what Monchton states? Unfortunately, I can’t tell you because there does not appear to be any draft of the Copenhagen Treaty available for the public to read. Thus, I have no way to confirm whether or not Monchton is correct in his assertion that the treaty includes the word “government” -- not to mention that negotiations on the treaty are not complete.

Indeed, the Treaty is 200 pages long, and at least 2000 of its parts are in dispute. From comments made by Obama’s chief negotiator, Todd Stern, there are at least two major issues that may result in the total failure of the Copenhagen conference: (1) Obama wants China, India, Brazil, South Africa and other developing nations to cut their own emissions, which is not going over too well with those countries, and (2) negotiations have been deadlocked for months about who will pay to help developing countries go low-carbon (estimated cost: $100 billion a year). The developing nations want the West to pay for this, the West has refused.

We also know that Obama has refused to agree to the limits wanted by treaty proponents. At the G8 conference in July, the G8 industrial nations agreed to cut greenhouse gas emissions by 80% by 2050, which they hoped would limit global warming to 3.6 degrees Fahrenheit above pre-industrial levels. This is actually less restrictive than the Kyoto Treaty. Thus, the UN Secretary General Ban Ki-moon said this was not enough. Nevertheless, this appears to be what Obama is proposing for Copenhagen. (Big business has also signed on to this level of cuts and is actively pushing for adoption of laws that would apply these limits to their smaller competitors.)

Beyond that, there is not much that can be said of the treaty at this time.


So Should We Be Worried?

Of course we should be worried. We should never trust treaties or legislation that is not made available for the public to read. Also, the third world has a history of using these treaties to get goodies from guilt-ridden western diplomats. Further, the environmental/socialist movement has a long history now of using these treaties as attacks on capitalism and as attempts to steal national sovereignty. Likewise, big business has a long history of using such regulations to tie the hands of their smaller competitors.

Yet, there is no reason to panic just yet.

Obama can sign this thing in blood if he wants to, but that doesn’t make it law. Before any treaty can become legally binding under United States law, the treaty must be submitted to the Senate for ratification. When (if) that happens, we will get a chance to see the treaty and assess it -- at which point we can make a rational assessment of the treaty and Obama’s negotiating skills, and we can challenge what needs to be challenged. Shadowboxing against something we cannot read or see is counter-productive.

Also, it’s not at all clear that a treaty can hand over significant legislative control to a foreign body. While it is true that a treaty, once ratified, becomes the same as United States law, it still must comply with the requirements of the Constitution. In other words, a treaty could not be used to do anything that the government could not do on its own -- though this may be small conciliation if it still allows significant legislation to be made. Though, that brings up the next question: can Congress cede its legislative duties to a foreign body? This is unlikely because of the clear responsibilities set out by the Constitution -- though I am unaware of this issue having been resolved before (probably because no one has tried to do this before).

Finally, on Lord Monchton’s point about the United States being trapped once it signs, it should be pointed out that “international law” is based on a false premise -- that it is enforceable. The reality is that international law is voluntary. Those who teach international law will cringe at that, but they are deluding themselves. Treaties are voluntary agreements. Sure they can claim to have “binding effect” and there is a whole pile of confused “law” which you can use to interpret those treaties and the such. . . blah blah blah, but the truth is that there is no organization out there that enforces those agreements. No international sheriff is going to come padlock the doors to the United States. Thus, these agreements are not “binding” or “enforceable” in any real sense of those words. And if the United States chooses to renounce the treaty or to simply ignore it, there is no force that will make the United States live up to the treaty.


Conclusion

So in the end, we should thank Lord Monchton for raising this issue and we should be wary of what is going on in Copenhagen. But at the same time, that is all we should do. The ball is in Obama’s court. If and when he gets a treaty completed and signed, then we should examine it closely and blast him for his failures. In the meantime, keep your powder dry.