Treaties of the United States

Treaties of the United States are formal, binding agreements between the United States and other sovereign states, or international organizations, governed by international law. The power to make treaties is vested in the President of the United States, subject to the advice and consent of the United States Senate. These instruments have shaped the nation's borders, alliances, and global standing from the American Revolutionary War to the present, forming a cornerstone of American foreign relations.

History of U.S. treaty-making

The treaty-making practice of the United States began during the American Revolutionary War, with the critical Treaty of Alliance with France negotiated by Benjamin Franklin. The Treaty of Paris (1783), ending the war and recognizing American independence, was a foundational diplomatic achievement. Throughout the 19th century, treaties were instrumental in territorial expansion, such as the Louisiana Purchase, the Adams–Onís Treaty acquiring Florida, and the Treaty of Guadalupe Hidalgo concluding the Mexican–American War. The Jay Treaty with Great Britain and the Rush–Bagot Treaty were early efforts to stabilize relations with former adversaries. The Burlingame Treaty with the Qing dynasty and the Harris Treaty with the Tokugawa shogunate opened diplomatic and commercial relations in Asia.

Treaty process and legal status

Under Article II, Section 2 of the U.S. Constitution, the President has the power to make treaties, provided two-thirds of the Senators present concur. Negotiations are typically conducted by the Department of State or appointed envoys. Once ratified, treaties become part of the "Supreme Law of the Land" under the Supremacy Clause, co-equal with federal statutes. The principle of pacta sunt servanda obligates the U.S. to uphold its treaty commitments. Important legal interpretations have been established by the Supreme Court of the United States in cases like Missouri v. Holland and Medellín v. Texas.

Major treaties by subject area

* **Peace and Alliance:** The North Atlantic Treaty established NATO, while treaties like the Treaty of Portsmouth ended the Russo-Japanese War. The September 11-inspired U.S.–Afghanistan Strategic Partnership Agreement defined a later alliance. * **Arms Control:** Key agreements include the SALT I and START treaties with the Soviet Union, the Intermediate-Range Nuclear Forces Treaty, and the New START treaty with the Russian Federation. * **Territory and Borders:** The Oregon Treaty with Great Britain set the northern border, and the Gadsden Purchase finalized the southwestern boundary with Mexico. * **Trade and Economics:** The General Agreement on Tariffs and Trade (GATT) and its successor, the World Trade Organization agreements, along with pacts like the United States–Mexico–Canada Agreement, govern international commerce. * **Environment and Law of the Sea:** The Montreal Protocol, the United Nations Framework Convention on Climate Change, and the United Nations Convention on the Law of the Sea are significant multilateral engagements.

Unratified treaties and treaty disputes

Several notable treaties have failed to receive Senate consent, including the Treaty of Versailles and its integral Covenant of the League of Nations, the Comprehensive Nuclear-Test-Ban Treaty, and the Convention on the Rights of Persons with Disabilities. The International Criminal Court's Rome Statute was signed but never submitted for ratification. Disputes have arisen over interpretation, such as those surrounding the Anti-Ballistic Missile Treaty and the Joint Comprehensive Plan of Action with Iran. The status of historical treaties with American Indian tribes, like those of the Plains Indians, remains a subject of ongoing legal and political discussion.

Role in U.S. foreign relations

Treaties serve as the primary legal architecture for the United States' global engagements, solidifying alliances like those with Japan (Treaty of Mutual Cooperation and Security between the United States and Japan) and South Korea. They underpin international institutions such as the United Nations and the World Health Organization. The shift towards "Congressional-Executive Agreements" for certain matters, like the accession of China to the World Trade Organization, reflects an evolving practice. Ultimately, the treaty power remains an essential tool for projecting American influence, managing interstate conflict, and addressing transnational challenges from cyberwarfare to global public health.

Category:Treaties of the United States Category:Foreign relations of the United States Category:United States federal law