In lists of state parties to globally significant treaties, the United States is often notably absent. Ratification hesitancy is a chronic impairment to international U.S. credibility and influence.
The United States enters into more than two-hundred treaties each year on a range of international issues, including peace, defense, human rights, and the environment. Despite this seemingly impressive figure, the United States constantly fails to sign or ratify treaties the rest of the world supports. It has failed to ratify treaties that tackle biodiversity and greenhouse gas emissions, protect the rights of children and women, and govern international waters. For a country frequently looked to as a global leader, the United States has consistently failed to step up in international partnerships. In fact, the United States has one of the worst records of any country in ratifying human rights and environmental treaties.
Why hasn’t the United States stepped up to the plate? According to scholars and policymakers, one major reason is the fear of treaties infringing on national sovereignty. The United States shuns treaties that appear to subordinate its governing authority to that of an international body like the United Nations. The United States consistently prioritizes its perceived national interests over international cooperation, opting not to ratify to protect the rights of U.S. businesses or safeguard the government’s freedom to act on national security. Politics also poses a significant barrier to ratification. While presidents can sign treaties, ratification requires the approval of two-thirds of the Senate. Oftentimes, the power of special interest groups and the desire of politicians to maintain party power, on top of existing concerns of sovereignty, almost assures U.S. opposition to treaty ratification.
The failure of the United States to lead on international treaty accession can have dangerous consequences. It can undermine the credibility of those treaties, weaken international partnerships, and raise concerns about the United States’ own commitments to matters such as human rights and environmental protection. By refusing to ratify treaties the rest of the world supports, the United States can lose other countries’ trust and gives up the influence of shaping the future direction of global rules. Furthermore, abstaining serves as a barrier to resolving critical global and regional issues, implicitly giving permission to other countries to free ride and follow the rule of law established by treaties only when it is in their best interest. Given these implications, I outline ten treaties the United States has not ratified and highlight arguments opponents cite for the lack of ratification.
Additional Protocols to the Geneva Convention
