Saturday, June 9, 2007

The June 5 World News article "China Outlines Modest Environmental Goals" asserted that the "Bush administration has refused to ratify" the Kyoto Protocol.

The Constitution vests 101 individuals with roles in forming treaties, one of whom is the president. Pursuant to Article II, Section 2, the president is limited to making agreements; he has no constitutional role in ratification.

Once a pact is signed -- as Kyoto was on Nov. 12, 1998 -- the executive function is one of protocol. The president may send a transmittal letter seeking a Senate vote, which usually but not always asks for ratification. An example is the Comprehensive Test Ban Treaty, for which President Bill Clinton lobbied. Alternatively, he may do nothing beyond the act of signing, or maintaining a predecessor's signature on, a pact. An example is Clinton signing Kyoto but deciding against seeking ratification, a stance inherited and adopted by President Bush.

A president is not empowered to ratify a treaty; only the Senate is. The Post should know better.

-- Christopher C. Horner

Washington

·

Contrary to the June 2 editorial "Mr. Bush Warms Up," the Kyoto Protocol does not expire. The period from 2008 to 2012 is the "first commitment period," and the protocol explicitly provides a process for the negotiation of "commitments for subsequent periods."

This structure was negotiated and agreed to, although never ratified, by the United States. Other countries may wonder why they should accept a new process from another U.S. administration with declining influence in Congress and barely 18 months left in office.

-- Alan Miller

Rockville