Fsot Major Treaties And Conventions

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Vienna Convention on Diplomatic Relations

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1961- Establishes the rights, privileges and roles of a diplomatic officer of a sending state in a host state. Covers areas such as diplomatic immunity, exemptions from taxes and the establishment of diplomatic posts. Establishes a framework for the protection of each stat's sovereignty in diplomatic relations.

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Vienna Convention on Consular Relations

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1963- Created by UN Conference on Diplomatic Intercourse and Immunities to further development of friendly relations among nations. States that relations take place by mutual consent and that consular functions consist of protecting the interest of a country's nationals as well as furthering the development of relations.

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Vienna Convention on the Law of Treaties

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1980- Codifies customary international law with regard to the entry, modification, revoation and evforcement of international agreements. US is not a party but recognizes its principles as a restatement of customary international law.

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UN Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents

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This Convention was adopted in response to an increase in the number of kidnappings and attacks on diplomats, state officials and representatives of international organizations, and provides for enhanced criminal penalties for such crimes. It requires states to adopt strict national laws against attacks on diplomats and to either try perpetrators or agree to their extradition.

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Convention on the Punishment and Prevention of Genocide

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1948- Genocide, whether committed in time of peace or in time of war, is a crime under international law which the signatories undertake to prevent and to punish.

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American Convention on Human Rights

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1978- Defines the human rights that the ratifying states of the Western Hemisphere have agreed to foster through the Inter-American Commission on Human Rights.(IACHR), an autonomous organ of the Organization of American States (OAS) headquartered in Washington, D.C. The IACHR meets frequently, considers cases brought before it and gives priority to stimulating public awareness in such areas as judicial independence, activities of irregular armed groups and the human rights of minors, women and indigenous peoples. The Convention also established the Inter-American Court of Human Rights, located in San Jose, Costa Rica.

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International Covenant on Civil and Political Rights

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The International Covenant on Civil and Political Rights (ICCPR) is one of the basic documents contained in the International Bill of Human Rights, along with its two optional Protocols (which provide for a complaints mechanism to address violations and for elimination of the death penalty, neither of which have been ratified by the United States). The ICCPR enumerates the core principles that underlie legal rights and the rights of due process for accused persons. It specifies that individuals have on an equal basis the right to life, freedom from cruel, inhuman or degrading treatment, freedom from arbitrary arrest and detention, freedom of movement and freedom of religion and expression, among many others. The Convention established the Human Rights Committee to monitor state compliance. Entered into force in 1976, it had 156 state parties as of 2006.

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International Covenant on Economic, Social and Cultural Rights

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The International Covenant on Economic, Social and Cultural Rights is one of the basic documents contained in the International Bill of Human Rights. Article 1 states that “All peoples have the right of self-determination, including the right to determine their political status and freely pursue their economic, social and cultural development.” The Convenant also affirms individuals’ rights to food, work, housing and education. The Covenant, entered into force in 1976, does not count the United States as a signatory.

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Convention on the Elimination of All Forms of Discrimination Against Women

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The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which entered into force in 1981, is an "international bill of rights for women." The Convention aims to “ensure an immediate end to torture and other forms of degrading treatment and to prosecute and punish those responsible for such practices." With 176 parties as of March 2004, the Convention aims to increase political social, and economic freedoms and opportunities for women throughout the world. The Convention also has provisions against trafficking of women and requires states to take specific measures to prevent their exploitation. In 2006, the United States was one of the 185 state parties to the Convention, but it has expressed objections over provisions relating to family planning.

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International Convention on the Elimination of All Forms of Racial Discrimination

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The International Convention on the Elimination of All Forms of Racial Discrimination, another of the primary international human rights treaties, provides that states parties shall avoid the practice or sponsorship of racial discrimination including “any distinction, exclusion, restriction or preference based on race, color, descent or national or ethnic origin” which has the effect of nullifying or impairing the exercise of basic human rights in any field of public life (Article 1). The Convention also establishes the Committee on the Elimination of Racial Discrimination to monitor and report on state compliance. Entered into force in 1969, the Convention had 170 state parties in 2006.

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Convention Relating to the Status of Refugees

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The Convention Relating to the Status of Refugees establishes the basic rights of protection for refugees who are forced to leave their country of origin out of a well-founded fear of persecution. The Convention guarantees rights to those seeking asylum and states that refugees will not be forcibly returned to their state of origin as long as the threat of persecution continues. Entered into force in 1954, the Convention had 140 parties as of 2006. Although the United States is not a state party to the Convention, it is a party to its Protocol, which incorporates all the Convention provisions subject to some limitations.

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Convention on the Rights of the Child

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The Convention on the Rights of the Child entered into force in 1990, and is one of the primary human rights treaties. It requires States Parties to take “all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child's parents, legal guardians, or family members.” (Article 2). The Convention protects children’s’ rights through the juvenile justice system and calls for states to adhere to policies that accord with the best interests of children. The Convention has been ratified by 192 countries. The United States is not a party to this Convention.

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Convention Against Torture

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The Convention Against Torture, which entered into force in 1987, places an absolute prohibition on the use of torture as state policy. It requires parties to “take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction” (Article 2). The Convention explicitly states that “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture,” nor can “an order from a superior officer or a public authority.” Considered a codification of the customary prohibition of torture in international law, the Convention also prohibits returning a person to a state in circumstances where he or she is likely to be tortured.

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Statute of the International Court of Justice

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The International Court of Justice, created in 1945 as the judicial arm of the United Nations, was designed to provide a forum for hearing disputes under international law between member states. It functions as an independent court, and also issues advisory opinions on various questions of law. Article 38 (1) of the Statute establishes the sources of international law that it applies: international conventions or treaties, customary international law, general principles of law recognized by civilized nations, judicial decisions and distinguished scholarly writings.

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North Atlantic Treaty

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Originally established to protect its members from the Soviet Union, the North Atlantic Treaty Organization (NATO) came into being on April 4, 1949, through the signing of the North Atlantic Treaty. Though its focus has become much broader since the end of the Cold War, NATO remains a collective security alliance whose primary purpose is to ensure the peace and security of the North Atlantic region. In 2006, NATO’s membership totaled 26 countries.

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North American Free Trade Agreement

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The North American Free Trade Agreement (NAFTA), ratified by Canada, Mexico and the United States in 1992, is a regional trade accord within the WTO structure. It facilitates the cross-border movement of goods and services by reducing tariffs, duties and transportation costs, as well as by easing investment restrictions and the movement of workers within the free-trade zone.

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Convention on the Organization for Economic Cooperation and Development (OECD Convention)

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The Organization for Economic Cooperation and Development (OECD), founded in 1961 and comprising 30 member countries, is dedicated to promoting increased economic development among its members and with 70 partner countries. It produces international agreements, standards and regulations that promote guidelines to facilitate economic development, trade and good governance. The OECD also publishes authoritative statistics and documents on macroeconomics, education, development and technology issues.

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United Nations Charter

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The United Nations Charter, which entered into force in 1945, is the founding document of the United Nations. Its preamble states that the goals of the organization are “to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and promote social progress and better standards of life in larger freedom.” In 2006, the United Nations had 192 member states.

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Maastricht Treaty

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Brought into force in 1993, the Maastricht Treaty (officially known as the Treaty of the European Union) formed the basic framework for the EU and established three “pillars”: Economic and Social Policy, Common Foreign and Security Policy, and Justice and Home Affairs. The Treaty also outlined the stages for creating a single European currency (the euro), provided the blueprint for economic and monetary union and gave the people of member countries “European citizenship.”

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Agreement Establishing the World Trade Organization (Marrakesh Agreement)

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The World Trade Organization (WTO) was formed in 1994 following the Uruguay Round of trade negotiations to encompass the existing General Agreement on Tariffs and Trade (GATT) in an institutional framework, enhance its provisions and provide for a binding dispute resolution mechanism. The WTO, with approximately 150 members, is the principal multilateral forum for addressing international trade issues.

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Comprehensive Test Ban Treaty

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The Comprehensive Test Ban Treaty (CTBT) bans all nuclear weapons tests. Since the Treaty was opened for signature in 1996, some 170 states have become members. Seen as an important step toward reducing the proliferation of nuclear weapons capabilities and promoting progress toward the ideal of nuclear disarmament, the CTBT provides for on-site inspections and periodic reporting by participating states.

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Geneva Conventions

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The Geneva Conventions and their Additional Protocols are a series of treaties enumerating the laws of armed conflict that date from 1864 to 1977. The Geneva Conventions deal with the treatment of prisoners of war, civilians and sailors in times of conflict. The Conventions are the foremost, but not the only, international documents governing the conduct of warring states. The most widely adhered to Conventions are the Four Geneva Conventions of 1949 and their two Additional Protocols, which regulate most aspects of armed interstate conflict and address the need to accord humane treatment to combatants in noninternational conflicts through the Conventions’ Common Article 3. The Second Additional Protocol of 1977 addresses more aspects of noninterstate conflict, including the noninvolvement of civilians. The provisions of the Four Geneva Conventions of 1949 have been ratified by 192 states and are accepted as Customary International Law. The two Additional Protocols have been ratified by more than 160 countries, but not by the United States.

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Biological Weapons Convention

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Entered into force in 1975, the Biological Weapons Convention (BWC) had 151 member states in 2006. It provides that members of the Convention should “never in any circumstances…develop, produce, stockpile or otherwise acquire or retain…Microbial or other biological agents, or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes.” The Convention also imparts responsibilities on member nations to destroy all such weapons and their means of delivery.

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Chemical Weapons Convention

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The Chemical Weapons Convention entered into force in 1997. The Convention prohibits all development, production, acquisition, stockpiling, transfer and use of chemical weapons. It imposes reporting requirements, as well as inspections on chemical weapons sites located inside participating states. In 2006, 179 states were parties to the Convention. The Organization for the Prevention of Chemical Weapons was created by the United Nations to provide oversight for the compliance of participants.

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Nuclear Non-Proliferation Treaty

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Entered into force in 1970, the Nuclear Non-Proliferation Treaty (NPT) now has 186 signatories. Pakistan, India and Israel are notable nonsignatories, and the Democratic Peoples’ Republic of Korea (North Korea) withdrew from the accord in 2006. The Treaty calls for nuclear states to submit documentation on their nuclear facilities to the International Atomic Energy Association (IAEA), as well as permit periodic IAEA inspections, and forbids them to sell, transmit or share nuclear technology or devices with nonnuclear states. Nonnuclear states are proscribed from attempting to develop their own weapons technologies. Nuclear technology for peaceful purposes is allowed for all signatories, provided safeguards are put in place to prevent the weaponization of materials, technology and facilities.

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Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction (1997 Mine Ban Treaty)

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The Mine Ban Treaty prohibits the production, use and transfer of antipersonnel landmines, and calls on parties to eliminate existing stockpiles and take measures to remove existing landmines from affected countries. States are also called on to raise awareness about mines and ensure that mine victims are cared for, rehabilitated and reintegrated into their communities. The Convention, entered into force in 1999, had more than 150 signatories by 2006. The United States is not a party to the Convention because of concerns about its impact on the landmines that defend South Korea from a possible attack from the North.

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Kyoto Protocol to the United Nations Framework Convention on Climate Change

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The Kyoto Protocol to the United Nations Framework Convention on Climate Change is an international agreement that attempts to address global warming and climate change. In 2006, 162 countries were parties to the Protocol, which provides for the modernization of greenhouse gas-producing facilities, as well as the buying and selling of "pollution credits" known as "emission reduction units" to stabilize and reduce the amounts of greenhouse gasses emitted into the atmosphere. The United States is not a state party to the Protocol because, spokespersons say, it does not equitably distribute the burden of reducing emissions and thus would unfairly disadvantage U.S. economic interests.

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Rome Statute of the International Criminal Court

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The Rome Statute created the International Criminal Court (ICC), located at the Hague, Netherlands. The ICC states that it is "a permanent institution and shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern, as referred to in this Statute, and shall be complementary to national criminal jurisdictions." The court's jurisdiction covers four specific areas of international law: genocide, crimes against humanity, war crimes (violations of international law, such as the Geneva conventions) and crimes of aggression. The Court, which was entered into force in 2002, has 120 participants. The United States, which was committed to the Treaty under President Bill Clinton, "unsigned" the treaty early in the Administration of George W. Bush, because of expressed concerns over the possibility that American military service members and political officials could be indicted on unfair charges based on political motivations.

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Law of the Sea Convention

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Officially known as the United Nations Convention on Law of the Sea (UNCLOS), this agreement was opened for signature in 1982 and entered into force in 1994. As of June 2006, 149 countries had signed on to the Convention. Seeking to govern the peaceful use of the seas, the measure covers deep sea drilling, straits used for international navigation, the oceanic rights of landlocked nations and many other aspects of international oceanic interaction. The United States is not an official signatory to the Law of the Sea Convention, but adheres to most of its provisions. The main point of disagreement heretofore has been the limits on deep sea drilling. However, with support from both the White House and the Senate Foreign Relations Committee, in 2006 the United States appeared close to acceding to UNCLOS.