Rule of Law - Global: International Treaties
Overview
One of the ABA's primary goals is to advance the rule of law in the world. In support of that goal, the ABA supports the ratification and implementation of numerous treaties that would provide for universal legal standards and structures to deal with a myriad of issues from human rights to free trade.
UN Convention Against Corruption
On October 27, 2005, President Bush submitted the United Nations Convention Against Corruption (PDF) to the Senate Foreign Relations Committee. According to his letter of transmittal, the U.N. Corruption Convention is the first global multilateral treaty to comprehensively address the problems relating to corruption. It provides for a broad range of cooperation, including extradition and mutual legal assistance, and commits governments to take measures that will prevent corruption from happening in the first place. The Corruption Convention includes provisions to criminalize and prevent corruption and provides procedures for governments to recover assets that have been illicitly acquired by corrupt officials. On May 10, 2006, the ABA sent a letter (PDF) to Senate Foreign Relations Committee Chair Senator Richard Lugar (R-IN) and Ranking Member Senator Joseph Biden (D-DE) supporting U.S. ratification of the Convention. The Committee held a hearing on the Convention on June 21, 2006 and unanimously approved a resolution of ratification on August 1, 2006. The resolution of ratification now awaits a vote by the full Senate.
UN Convention on the Law of the Sea
The 1982 United Nations Convention on the Law of the Sea (LOS) provides an essential universal legal framework within which issues respecting the stewardship of our common oceans may be equitably resolved and which preserves customary freedom of navigation vital to ocean powers such as the U.S. for both strategic and commercial reasons. The Senate Foreign Relations Committee voted unanimously to approve a resolution of advice and consent on February 25, 2004. Unfortunately, the full Senate did not vote on the treaty before the 108 th Congress adjourned. There is currently no expectation that the Senate Foreign Relations Committee will take up this treaty in 2006.
Convention to Eliminate All Forms of Discrimination Against Women
In spite of the fact that the U.S. made ratification of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) by the year 2000 one of its public commitments at the U.N. Conference on Women in 1995, the Senate has not yet taken a vote on ratification of the treaty. The Senate Foreign Relations Committee held a hearing on the CEDAW on June 13, 2002, and approved a resolution of advice and consent to ratification of the treaty by a vote of 12-7 on July 30, 2002. The ABA submitted a statement to the Committee supporting U.S. ratification of CEDAW. The treaty did not come up for a vote by the full Senate before the adjournment of the 107th Congress. Senator Richard Lugar (R-IN), the current Chair of the Foreign Relations Committee, opposes the treaty and is unlikely to schedule it for Committee consideration in the near future.
Rome Statute for an International Criminal Court
On July 1, 2002, the Rome Statute for an International Criminal Court came into force. President Bill Clinton had signed the Rome Statute on behalf of the United States on December 31, 2000. However, citing concerns with the jurisdiction of the court, the Bush Administration announced May 6, 2002, that the U.S. would "unsign" or withdraw its signature from the statute, and that the U.S. had no intention of proceeding toward ratification of the treaty. In addition, the Administration has undertaken an effort to negotiate bilateral agreements with countries (Article 98 agreements) that would prevent the surrender of U.S. nationals and current and former employees of the U.S. government and military to the ICC. Certain countries that refuse to negotiate such agreements face a cut in foreign aid from the United States. The Fiscal Year 2006 Foreign Operations Appropriations bill contained a provision to cut Economic Support Funds (ESF) to countries that have ratified the International Criminal Court but have not signed a bilateral immunity agreement with the United States.
In addition, the American Servicemember's Protection Act (ASPA), enacted on August 2, 2002, contains provisions prohibiting any U.S. agency from cooperating with the court; prohibiting the extradition of persons in the U.S. to the court; prohibiting U.S. military assistance to certain countries ratifying the Rome Statute; and authorizing the President to use all means necessary to free U.S. military personnel held by the court.
Convention on the Rights of the Child
On March 7, 2002, the Senate Foreign Relations Committee held a hearing on two optional protocols to the U.N. Convention on the Rights of the Child -- the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography and the Optional Protocol on the Involvement of Children in Armed Conflict. The ABA supports the protocols and submitted testimony urging U.S. ratification. On May 23rd, the Committee reported both Protocols favorably to the full Senate. On June 18, 2002, the Senate passed a resolution of ratification for the Protocols. Due to significant opposition in the Senate to the underlying Convention on the Rights of the Child, it is not expected that it will receive legislative action in the 109th Congress.
Key Points
- Convention on the Law of the Sea
It is in the economic, national security and foreign policy interests of the United States to become a party to the treaty. This is demonstrated by the broad, bipartisan support for the treaty by both non-governmental and U.S. governmental entities, including: the President; the Departments of State, Defense, and Homeland Security; the Joint Chiefs of Staff; and the Chairmen of the Senate Appropriations, Commerce and Foreign Relations Committees. 145 nations are party to the Convention, including all members of the European Union. The U.S. should join our allies in ensuring the preservation of critical navigational rights in the oceans for our military and commercial vessels, and in protecting our right to all resources within the 200-mile exclusive economic zone.
Until the U.S. becomes a party to the treaty it cannot offer a judicial candidate for the Law of the Sea Tribunal nor put forth a candidate for membership on the Outer Continental Shelf Commission. Critical debate and decisions occur in these entities and the U.S. must participate and exercise a leadership role to protect our national interests. - Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
The United States is the lone industrialized democracy and one of only a handful of countries yet to ratify CEDAW. This failure compromises the U.S.'s credibility as a leader for human rights.
Women around the world are using CEDAW as a tool in their struggle against the effects of discrimination, domestic violence, lack of legal status and access to education, health care and credit. Without U.S. ratification and leadership, other governments can more easily ignore CEDAW's mandate and their obligations under it. - International Criminal Court
A permanent treaty-based court is needed to end impunity for international criminals; to serve as an alternative for prosecution when national courts are unavailable or ineffective; to promote peace and justice through individual accountability; to redress the numerous inadequacies of reliance on ad hoc tribunals; and to deter future atrocities. - Funding for Trade Agencies
Congress should provide adequate resources to enable U.S. trade agencies to: (i) implement fully the requirements of U.S. trade laws; (ii) enforce vigorously the commitments made under international agreements to the U.S. by our trading partners to open their markets to our goods, services, investments and intellectual property; and, (iii) further a rule-based world trading system through diligent negotiations and active participation in multilateral organizations.
ABA Policy
The ABA supports the ratification of the UN Convention Against Corruption, the Convention on the Law of the Sea, the Rome Statute for an International Criminal Court, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and the Convention on the Rights of the Child, as well as numerous other treaties. In addition, the ABA supports the provision of adequate funding for U.S. agencies responsible for enforcing trade laws.
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Kristi Gaines
Legislative Counsel
Governmental Affairs Office
American Bar Association
740 15th Street, NW
Washington, DC 20005
Direct: (202) 662-1763
FAX: (202) 662-1762
gainesk@staff.abanet.org


