Abstract

Treaties play an important role in international law, particularly in situations where Contracting States are willing to bind each other with certain obligations and duties. Thus, a treaty is one of the most evident ways in which rules binding on two or more States may come into existence, and thus an evident of formal source of law. The same is true when it comes to international human rights regime and its core conventions. The United States has historically championed respect for fundamental human rights and individual freedoms. Yet, at times, it has been hesitant to commit itself to certain core human rights treaties. The paper illustrates two cases in point, which are the International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which it has not ratified, and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), which it ratified subject to certain Reservations, Understandings, and Declarations (RUDs). The work discusses the US position regarding these treaties, explaining its opposition to their ratification or its insistence on doing so subject to reservations. Moreover, we will examine the essence of these objections or reservations and their justifiability.

Keywords: International law, International human rights law, US, treaty, CEDAW, CAT, RUDs