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Public International Law - U.S. Treaties: Legislative History

Guide to locating and researching U.S. treaties.

Senate Treaty Documents

In the U.S., treaty ratification requires U.S. Senate approval.  Treaties concluded by the executive branch are submitted to the Senate, and assigned to the Foreign Relations Committee.  The Committee may hold hearings, and if the treaty is “reported out” to the full Senate, it will be accompanied by an Executive Report summarizing majority and minority views.  Amendments, reservations, and other changes will be considered on the floor of the Senate prior to a final vote, and reported in the Congressional Record.  Hearings, floor debate, and especially the Executive Report together comprise the legislative history of a given treaty.  Floor debate, as recorded in the Congressional Record, is available electronically in ProQuest Congressional, Lexis, and Westlaw (daily edition, 1985-current), and in its permanent edition (with different pagination from the daily edition) 1873 onward in HeinOnline and ProQuest Congressional.  Hearings are available in full text in ProQuest Congressional.  Executive Reports and Treaty Documents are available in PDF up to 2003, and in html from the mid-90s onward, also in ProQuest Congressional. Executive Reports and Treaty Documents are available in PDF in FDSYS, 1995-.

International Legislative History

The legislative history of major, multilateral treaties can also be researched  on the international level.  At the international level, legislative history refers to the proceedings of the diplomatic conference where the treaty was drafted. Travaux Préparatoires is a general term referring to the published record of diplomatic proceedings leading up to the adoption of a treaty text.  Travaux have been published for many treaties, to which the U.S. is a party.  To determine what is available, search IUCAT or WorldCat, using “travaux preparatoires” as title keywords, combined with topical keywords anywhere in the record. For example, to find the travaux for the Convention Relating to the Status of Refugees (1951), you could search IUCAT for the title keywords “refugee” and “travaux préparatoires.”  For treaties drafted under the auspices of the U.N., the following will also be helpful:

  • International Law Commission web site: The ILC was established by the U.N. in 1948.  Its purpose is to oversee “the progressive development and codification of international law in accordance with article 13(1)(a) of the Charter.  All of the Commission’s documentation, including its annual reports, are available online.

The legislative history of treaties may also be discussed in commentaries or law review articles.

Background

For more information on the role of the Senate in the treaty-making process, see Treaties and Other International Agreements: The Role of the United States Senate.