Ratification of international treaties, a comparative law perspective - United States of America

15-07-2020

This study forms part of a wider-ranging project which seeks to lay the groundwork for comparisons between legal frameworks governing the ratification of international treaties in different legal systems. The subject of this study is the ratification of international treaties under the laws of the United States. It describes relevant constitutional, statutory, and other legal provisions with respect to the making and ratification of treaties, as well as legal provisions relating to the making of executive agreements, which also constitute binding international obligations of the United States. The study discusses the approach to international law taken by the U.S. legal system, and the position of treaties and executive agreements within the hierarchy of U.S. laws. The international agreement process and its participants are described. The study then considers the time required for ratification of treaties. This study is intended to give European Parliament bodies an overview of the ratification process of the respective contracting parties (the United States of America, in this instance). This will enable them, for example, to estimate the time required by other treaty partners to ratify any prospective future treaty and to adjust their work programme accordingly.

This study forms part of a wider-ranging project which seeks to lay the groundwork for comparisons between legal frameworks governing the ratification of international treaties in different legal systems. The subject of this study is the ratification of international treaties under the laws of the United States. It describes relevant constitutional, statutory, and other legal provisions with respect to the making and ratification of treaties, as well as legal provisions relating to the making of executive agreements, which also constitute binding international obligations of the United States. The study discusses the approach to international law taken by the U.S. legal system, and the position of treaties and executive agreements within the hierarchy of U.S. laws. The international agreement process and its participants are described. The study then considers the time required for ratification of treaties. This study is intended to give European Parliament bodies an overview of the ratification process of the respective contracting parties (the United States of America, in this instance). This will enable them, for example, to estimate the time required by other treaty partners to ratify any prospective future treaty and to adjust their work programme accordingly.

Externý autor

This study has been written by Mr Andrew M. WINSTON, Chief, Public Services Division, Law Library of Congress, of the United States Library of Congress, at the request of the “Comparative Law Library” Unit, Directorate-General for Parliamentary Research Services (DG EPRS), General Secretariat of the European Parliament.