State Environmental Agreements with Foreign Powers: The Compact Clause and the Foreign Affairs Power of the States

By Peter R. Jennetten

This note presents policy arguments justifying the power of states to enter the arena of foreign affairs and to conclude binding agreements. The author examines state competence to enter into binding covenants and the legal status of those covenants under national and international law, providing examples of covenants that states have concluded with concluded with foreign powers. Jennetten concludes by asserting that the states can and should attack environmental problems by making vigorous use of the power to conclude binding international covenants.