List
 | This list has no precise inclusion criteria as described in the Manual of Style for standalone lists.(August 2024) |
This is a list of international treaties the United States has either not signed, not ratified, or signed/ratified but later withdrawn its signature/ratification from.
"[The President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur..."
The Treaty Clause in Article Two of the United States Constitution dictates that the President of the United States negotiates treaties with other countries or political entities, and signs them. Signed treaties enter into force only if ratified by at least two-thirds (67 members) of the United States Senate. (Technically, the Senate itself does not ratify treaties, it only approves or rejects resolutions of ratification submitted by the Committee on Foreign Relations; if approved, the United States exchanges the instruments of ratification with the foreign power(s)). [1] Between 1789 and 1990, the Senate approved more than 1,500 treaties, rejected 21, and 85 treaties were withdrawn because the Senate did not act on them. As of December 2014, 36 treaties signed by the President were awaiting action by the Senate. [2]
Among the treaties unsigned or unratified by the United States, a few have been singled out by organizations such as Human Rights Watch (2009), as extremely important, and the United States’ reluctance to ratify them problematic. [3] Among the treaties are the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Convention on the Rights of the Child (CRC), the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), the Ottawa Treaty (Mine Ban Treaty), the Convention on Cluster Munitions (CCM), the Convention on the Rights of Persons with Disabilities, and the Optional Protocol to the Convention against Torture (OPCAT). [3] The United States is also one of the few countries not to have ratified the Kyoto Protocol. [4] According to a 2014 analysis by The New Republic , the ratification of a significant number of treaties signed after 1990 has been blocked by senators of the Republican Party for various ideological reasons. [2]
| This list has no precise inclusion criteria as described in the Manual of Style for standalone lists.(August 2024) |
A treaty is a formal, legally binding written agreement concluded by sovereign states in international law. International organizations can also be party to an international treaty. A treaty is binding under international law.
The United Nations Convention on the Rights of the Child is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under national legislation.
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force on 23 March 1976 after its thirty-fifth ratification or accession. As of June 2024, the Covenant has 174 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw.
The Treaty of Peace between the United States of America and the Kingdom of Spain, commonly known as the Treaty of Paris of 1898, was signed by Spain and the United States on December 10, 1898, that ended the Spanish–American War. Under it, Spain relinquished all claim of sovereignty over and title to territories described there as the island of Porto Rico and other islands now under Spanish sovereignty in the West Indies, and the island of Guam in the Marianas or Ladrones, the archipelago known as the Philippine Islands, and comprehending the islands lying within the following line:, to the United States. The cession of the Philippines involved a compensation of $20 million from the United States to Spain.
The Treaty establishing a Constitution for Europe was an unratified international treaty intended to create a consolidated constitution for the European Union (EU). It would have replaced the existing European Union treaties with a single text, given legal force to the Charter of Fundamental Rights, and expanded qualified majority voting into policy areas which had previously been decided by unanimity among member states.
A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions, thus changing the frame of government without altering the existing text of the document.
Ratification is a principal's legal confirmation of an act of its agent. In international law, ratification is the process by which a state declares its consent to be bound to a treaty. In the case of bilateral treaties, ratification is usually accomplished by exchanging the requisite instruments, and in the case of multilateral treaties, the usual procedure is for the depositary to collect the ratifications of all states, keeping all parties informed of the situation.
The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came into force on 3 January 1976. It commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to all individuals including those living in Non-Self-Governing and Trust Territories. The rights include labour rights, the right to health, the right to education, and the right to an adequate standard of living. As of February 2024, the Covenant has 172 parties. A further four countries, including the United States, have signed but not ratified the Covenant.
The Bricker Amendment is the collective name of a number of slightly different proposed amendments to the United States Constitution considered by the United States Senate in the 1950s. None of these amendments ever passed Congress. Each of them would require explicit congressional approval, especially for executive agreements that did not require the Senate's two-thirds approval for treaty. They are named for their sponsor, conservative Republican Senator John W. Bricker of Ohio, who distrusted the exclusive powers of the president to involve the United States beyond the wishes of Congress.
The United States is not a state party to the Rome Statute of the International Criminal Court, which founded the International Criminal Court (ICC) in 2002.
The Convention on Cybercrime, also known as the Budapest Convention on Cybercrime or the Budapest Convention, is the first international treaty seeking to address Internet and computer crime (cybercrime) by harmonizing national laws, improving investigative techniques, and increasing cooperation among nations. It was drawn up by the Council of Europe in Strasbourg, France, with the active participation of the Council of Europe's observer states Canada, Japan, the Philippines, South Africa and the United States.
Human rights in Somalia throughout the late 20th-century and early 21st-century were considered dire, but have gradually improved over the following years. Human rights are guaranteed in the Federal Constitution, which was adopted in August 2012. They fall under the Ministry of Human Rights established in August 2013. The central authorities concurrently inaugurated a National Human Rights Day, endorsed an official Human Rights Roadmap, and completed Somalia's first National Gender Policy.
The Treaty Clause of the United States Constitution establishes the procedure for ratifying international agreements. It empowers the President as the primary negotiator of agreements between the United States and other countries, and holds that the advice and consent of a two-thirds supermajority of the Senate renders a treaty binding with the force of federal law.
Medellín v. Texas, 552 U.S. 491 (2008), was a decision of the United States Supreme Court that held even when a treaty constitutes an international commitment, it is not binding domestic law unless it has been implemented by an act of the U.S. Congress or contains language expressing that it is "self-executing" upon ratification. The Court also ruled that decisions of the International Court of Justice are not binding upon the U.S. and, like treaties, cannot be enforced by the president without authority from Congress or the U.S. Constitution.
The Convention on the Rights of Persons with Disabilities is an international human rights treaty of the United Nations intended to protect the rights and dignity of persons with disabilities. Parties to the convention are required to promote, protect, and ensure the full enjoyment of human rights by persons with disabilities and ensure that persons with disabilities enjoy full equality under the law. The Convention serves as a major catalyst in the global disability rights movement enabling a shift from viewing persons with disabilities as objects of charity, medical treatment and social protection towards viewing them as full and equal members of society, with human rights. The convention was the first U.N. human rights treaty of the twenty-first century.
The United States has signed the United Nations Convention on the Rights of the Child (UNCRC); however, it remains the only United Nations member state to have not ratified it after Somalia ratified it in 2015.
The United States was among the nations that participated in the third United Nations Conference on the Law of the Sea, which took place from 1974 through 1982 and resulted in the international treaty known as the United Nations Convention on the Law of the Sea (UNCLOS). The United States also participated in the subsequent negotiations of modifications to the treaty from 1990 to 1994. The UNCLOS came into force in 1994. Although the United States now recognizes the UNCLOS as a codification of customary international law, it has not ratified it.
Currently, Mercosur is composed of five full members, five associated countries and two observer countries: