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World Health Organization

Republican Senators Push Back Against Accord Giving WHO Power Over US Pandemic Response

Legal experts question whether Senate approval is necessary

by Kevin Stocklin, The Epoch Times
February 24, 2023

As member states of the World Health Organization (WHO) prepare to gather in Switzerland next week to negotiate final terms of an accord that will give the WHO centralized authority over U.S. policy in the case of a pandemic, Republican senators are pushing back with an effort to reinforce congressional power to authorize treaties.

The draft accord, which would be “legally binding” on all 194 member nations, gives the WHO the authority to declare pandemics and submits member countries to “the central role of the WHO as the directing and coordinating authority on international health work,” in areas like lockdowns, treatments, medical supply chains, surveillance, and “disinformation and false news,” once a pandemic is declared.

Seventeen U.S. senators, led by Ron Johnson (R-Wis.), introduced the “No WHO Pandemic Preparedness Treaty Without Senate Approval Act” on Feb 15, which states that the pandemic accord must be deemed a treaty, thus requiring the consent of a supermajority of the Senate, which is two-thirds, or 67 senators. The legislation comes as the WHO gears up to present what it calls the “zero draft” of the accord, negotiated with the help of U.S. Health and Human Services Secretary Xavier Becerra, to all member nations on Feb. 27 to agree final terms.

Other sponsors of the bill included Chuck Grassley (R-Iowa), Bill Hagerty (R-Tenn.), John Barrasso (R-Wyo.), Mike Lee (R-Utah), Marsha Blackburn (R-Tenn.), Rick Scott (R-Fla.), John Hoeven (R-N.D.), Marco Rubio (R-Fla.), Ted Cruz (R-Texas), Steve Daines (R-Mont.), Thom Tillis (R-N.C.), Tom Cotton (R-Ark.), Mike Braun (R-Ind.), Tommy Tuberville (R-Ala.), Roger Marshall (R-Kan.), and Katie Britt (R-Ala.).

“The WHO, along with our federal health agencies, failed miserably in their response to COVID-19,” Sen. Johnson stated. “This failure should not be rewarded with a new international treaty that would increase the WHO’s power at the expense of American sovereignty.”

But some doubt this bill, even if approved, will stop the WHO accord from going into effect once President Joe Biden signs it.

“With all due respect to the sponsoring senators, that will not do the trick,” Francis Boyle, professor of international law at Illinois University, told The Epoch Times. The reason, he said, is that the WHO accord is drafted specifically to circumvent the Senate-approval process, and Congress instead should immediately withhold its yearly contributions to the WHO and take the United States out of the organization.

Currently, the United States is the largest contributor to the WHO’s $6.72 billion budget, of which $1.25 billion is for “health emergencies.” The Bill and Melinda Gates Foundation is the second largest donor to the WHO, contributing 9 percent of its budget in 2021; China is the third.

Get you MAGA on with hand-curated links to trusted conservative and Christian sources

Will Biden Need Senate Approval for WHO Accord?

It remains unclear if the Biden administration will need Senate approval for the WHO accord to go into effect. The accord itself states that it will become effective and legally binding on member states “provisionally,” as soon as it is signed and before any national legislatures approve it.

“The Biden administration can indicate that it is provisionally bringing this treaty into force upon the mere signature of the treaty,” Boyle said. “Hence, it will come into force here in the United States provisionally until the Senate decides whether or not it is going to give its advice and consent to the treaty. I personally know of no other U.S. treaty that provides for its provisional application pending the U.S. Senate giving its advice and consent to the treaty.”

While the U.S. Constitution states that the president can make treaties “provided two-thirds of the senators present concur,” American presidents have increasingly been signing international agreements without Senate consent, and those agreements have taken effect in the United States regardless.

According to the Senate’s website: “Treaties to which the United States is a party also have the force of federal legislation, forming part of what the Constitution calls ‘the supreme Law of the Land’ … In recent decades, presidents have frequently entered the United States into international agreements without the advice and consent of the Senate. These are called ‘executive agreements.’ Though not brought before the Senate for approval, executive agreements are still binding on the parties under international law.”

A report by Justia, a legal analysis and marketing firm, states that “the executive agreement has surpassed in number and perhaps in international influence the treaty formally signed, submitted for ratification to the Senate, and proclaimed upon ratification.

“During the first half-century of its independence, the United States was party to 60 treaties but to only 27 published executive agreements,” the report states. “Between 1939 and 1993, executive agreements comprised more than 90 percent of the international agreements concluded.”

The U.S. Supreme Court has on several occasions supported the notion that these executive agreements constitute federal law and supersede state laws and regulations. This includes State of Missouri v. Holland, which ruled that treaties supersede state laws, and United States v. Belmont, which ruled that executive agreements without Senate consent are legally binding on Americans. Under the U.S. Constitution, health policy falls under state jurisdiction, but the WHO pandemic accord may be a way to bring health policy under the jurisdiction of the federal government, once the WHO declares a pandemic.

Increasingly, the Biden administration is looking toward international agreements to do what it can’t achieve through Congress. Most recently, having failed to increase corporate taxes in Congress, the Biden administration entered into an international agreement with the Organization for Economic Cooperation and Development (OECD) to set minimum tax levels on all corporations within signatory countries. While GOP lawmakers said the agreement had “no path forward” toward approval as a treaty, provisions written into the agreement allowed foreign countries to tax U.S.-based corporate profits as a punitive measure, if senators do not approve it.

Article cross-posted from our premium news partners at The Epoch Times. Image by Guilhem Vellut via Flickr, CC BY 2.0.

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Two Storms, One Harvest

Empty Shelves

Every food crisis in living memory has been a one-shock event. The 2008 price spike was a commodity bubble. The 2020 shortages were a logistics failure. The 2022 grain scare was a war on one exporter’s ports. Each time, the system bent, adjusted, and recovered, and each time the experts assured us afterward that global markets are simply too big and too diversified to fail.

What nobody in Washington seems eager to discuss is that 2026 is shaping up to be something the modern food system has never actually faced. Two independent shocks, one climatic and one geopolitical, are converging on the same harvest cycle at the same time. Not sequentially. Simultaneously.

Start with the weather. The Pacific Ocean is currently building toward what forecasters now openly call a record event. NOAA’s Climate Prediction Center puts the odds of at least a strong El Niño near 88 percent, with roughly two in three odds it reaches “very strong” status, the tier reserved for perhaps three or four events in the entire satellite era. Every major global model now projects a median peak in Super El Niño territory, and most of them project it exceeding the 2015-16 event, which until now held the modern record. Sea surface anomalies were already brushing the super threshold in mid-July, months before these events normally peak. The atmosphere has already shifted into El Niño mode, and the event is forecast to crest in late fall and early winter.

This is not about “climate change.” It’s about the standard cycles of weather, and the cycle we’re currently in is one that has likely devastated societies in the past. We’re better prepared as a society today, but not all Americans are equally prepared.

Serious households have started doing the quiet math on their own. Grocery bills tell part of the story, and the forecast maps tell the rest, which is why long-term food storage has moved from fringe hobby to mainstream line item in the family budget, with established suppliers like Heaven’s Harvest seeing demand from people who five years ago would have rolled their eyes at the idea. That instinct is not paranoia. It is pattern recognition, and the pattern is worth walking through carefully.

Editor’s Note: Heaven’s Harvest IS a sponsor, but the warnings of this article are real and would be written even if we didn’t have a survival food sponsor. With that said, those who take advantage of what they offer can use promo code “Patriot” for 15% off.

The Fertilizer Clock Is Already Running

While the Pacific warms, the second shock has been unfolding in the Strait of Hormuz. The conflict with Iran turned the world’s most important energy chokepoint into a contested waterway, and the consequences reach far beyond the gas pump. Roughly a third of global fertilizer trade moves through Hormuz, and the disruption sent urea prices up 86 percent year over year by March, with a 53 percent jump in a single month.

The World Bank projects energy prices rising about 24 percent in 2026 and fertilizer about 31 percent. By its own accounting, fertilizer prices ran 35 percent higher in the first five months of this year than the same period last year.

Here is the mechanism the nightly news will not explain. Fertilizer is not a grocery item. It is a time-delayed input. The nitrogen a farmer in Iowa or Punjab could not afford to apply this spring does not show up as a problem this spring. It shows up as a thinner harvest six to twelve months later.

The World Bank’s own food security brief concedes that the effects of reduced applications earlier this season “are likely to become visible only later in harvest outcomes.” Translate that from institutional language into plain English and it means this. The damage is already done, it is already in the ground, and we are simply waiting for it to arrive on the shelf.

Now check the calendar. Six to twelve months from the spring planting season lands us squarely in late 2026 and early 2027. Which is precisely when the strongest El Niño in the instrumental record is forecast to peak, bringing its signature droughts to Southeast Asia, Australia, southern Africa, northern Brazil, and South Asia, the very regions that grow the world’s rice, sugar, and oilseeds.

The World Bank warns openly that a strong El Niño “could disrupt multiple crop belts simultaneously” on top of the conflict-driven input costs. Their baseline projection assumes the Middle East disruptions ease by autumn. What in the last two years of Middle East history suggests that assumption is safe?

The System Has No Slack Left

The comfortable answer is that global markets always adjust. But adjustment requires slack, and the slack is gone. Global cereal production is expected to decline from last year’s records even before El Niño does its work. The UN World Food Programme, hardly a den of right-wing preppers, is calling this the most significant disruption to its supply chains since Covid and the invasion of Ukraine, and its supply chain director put the stakes bluntly.

Today’s supply chain challenges are tomorrow’s hunger crisis.

There is also a political dimension that markets cannot price. When food gets scarce, governments do not behave like economists. They behave like politicians. Export bans, hoarding mandates, and panic buying at the national level turned the modest rice shortfall of 2008 into a global crisis, and analysts are already warning that import-dependent nations are the first dominoes.

The 2015-16 Super El Niño, a far weaker event than what is now forecast, threw tens of millions into food stress across Africa and Asia. This one is projected to be stronger, and it arrives with fertilizer already rationed by price and shipping lanes already contested by missiles.

What Joseph Knew

Scripture does not treat preparation for lean years as faithlessness. It treats it as wisdom delivered in advance to those willing to act on it.

Behold, there come seven years of great plenty throughout all the land of Egypt: And there shall arise after them seven years of famine; and all the plenty shall be forgotten in the land of Egypt.

Joseph did not respond to that warning with a hashtag or a committee. He stored grain during the years of abundance, and when the famine came, Egypt stood while its neighbors begged. The lesson is not that famine is certain. It is that the time to prepare is precisely when preparation still looks optional.

Nobody who filled a pantry in a year of plenty has ever regretted it, and nobody standing in an empty aisle has ever been glad he waited for certainty.

None of this calls for panic, and panic is the enemy of sound judgment anyway. It calls for the same unglamorous prudence our grandparents considered ordinary. Keep some cash margin, know your local growers, and put real food in deep storage while it is cheap and available, because the entire arc of this story is that cheap and available is a closing window.

Families looking for a straightforward place to start can visit Heaven’s Harvest and use promo code Patriot for 15 percent off long-term storable food. The forecasts may yet soften, the strait may yet reopen, and we should pray they do. But hope is a fine thing to hold and a foolish thing to eat.

Comments 1

  1. George Oh says:
    3 years ago

    So one person can throw away or constitutional and governmental checks and balances? If true, they could have written us off decades ago.

    Reply

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