The United States, the European Union, and international environmental law: The domestic dimensions of green diplomacy

In recent years, the United States has lagged behind the European Union in its ratification and implementation of major multilateral environmental agreements (MEAs). The development represents something of a role reversal between the US and the EU, given that the US had previously acted as the primary driver behind the adoption of most MEAs since the 1970s, with the EU largely following the American lead. Some have cited the US reluctance to engage on recent major MEAs as evidence of a diminishing American commitment to international environmental law, given prominent domestic political opposition to agreements like the Kyoto Protocol and the Convention on Biological Diversity. This position overlooks the enduring US commitment to previously ratified MEAs, and its general compliance with other major agreements that it has yet to formally ratify. Furthermore, while the EU has clearly become a major player in the realm of international environmental law, its embrace of major MEAs is driven primarily by domestic economic interests more than any abstract commitment to international law as such. We therefore argue that varying levels of commitment to substantive environmental policy goals at the domestic level, rather than varying levels of commitment to international law, may best explain US and EU positions concerning international environmental policy.