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President Bush addresses the United Nations |
When the US officially becomes party to a treaty, it has an obligation to the other states that are parties to that treaty to abide by that treaty’s terms.
Most treaties are meant to become part of the national legal systems of the states involved. However, just because the US ratifies a treaty does not necessarily mean that it is directly applicable in US jurisdiction. That would depend on the wording of the treaty and/or court decisions. Until the treaty becomes part of US law, US citizens may not sue the US government or any other governmental authority for violating rights guaranteed under the treaty.
Click each step to see what the US must do to become party to a treaty
and to make the treaty’s guarantees part of US law.
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| Countries study a problem of international concern, get together (often in the UN General Assembly, which calls for an international conference), and draft a treaty. This can take many conferences and many years. |
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| The treaty is opened up for signature. Countries sign the treaty to show they agree with the wording of the treaty and that they intend to become legally bound by it (even though they aren’t yet). The President signs for the US. |
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| A country can sign a treaty even if the country didn’t negotiate the treaty’s terms. This is called accession. For example, because the UN Charter was concluded in 1945 before some states existed, they later acceded to the Charter. |
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| Under Article II, Section 2 of the US Constitution, the Senate must give its advice and consent by a two-thirds majority vote before the president can ratify a treaty. Because of this process, these treaties are called Article II Treaties. All human rights treaties are Article II Treaties. |
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| If the treaty allows it and if a country doesn’t like every provision of a treaty, the country can attach a RUD that says it won’t be bound by certain parts of the treaty. This allows for compromise and encourages more countries to take part. RUDs are allowed depending on how countries negotiated the treaty in question or if the treaty itself allows for them. |
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| After receiving Senate approval, the US president ratifies the treaty, which makes the US legally bound by it. The treaty enters into force in international law when enough countries have ratified it. But countries that have ratified the treaty have a legal obligation not to undermine the treaty even before it enters into force. |
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| Some treaties automatically become part of US law. On the other hand, some treaties require additional implementing legislation to make them part of US law. |
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Why does the US seem to tread so cautiously before agreeing to an international treaty?
Why would the US help draft and sign but not ratify a treaty? How does this behavior impact the international image of the US?
Why do you think the process of ratification is so complicated? |
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