Private Law Libraries Special Interest Section Brown Bag Lunch: Treaty Research November 28, 2007

1. Private Law Libraries Special Interest SectionBrown Bag Lunch: Treaty ResearchNovember 28, 2007 Presented by: Jennifer R. O�Neal Archivist U.S. Department of State Office of the Assistant Legal Adviser for Treaty Affairs (L/T)

2. Presentation Outline Brief overview of the Office of Treaty Affairs (L/T)�structure, purpose, and functions. Treaties vs. International Agreements Treaty and Agreement process Treaty Lexicon Locating Treaty Texts Indexes/Finding Aids Dabases Treaties in Print: Current and Historic Pending/Recent Treaties Subject-Specific Research Background documents L/T Treaty Publishing and New Website Questions

3. Structure of L Legal Adviser: John B. Bellinger, III 4 Deputy Legal Advisers Counselor on International Law Senior Adviser Special Adviser 22 Assistant Legal Advisers Attorneys, Analysts, Paralegals, and Staff Serving the Department�s Geographic and Functional Bureaus Records Manager Law Librarian (serves within the Ralph Bunche Library) Archivist (L/T)

4. Treaty Affairs (L/T) Assistant Legal Adviser, John J. Kim 3 Attorney Advisers 5 Analysts 2 Paralegals Archivist Administrative Assistant

5. Functions of L/T Provide legal advice on all aspects of treaty law and procedure, including constitutional questions, drafting, negotiation, conclusion, interpretation, and termination of treaties; and provide notice to Congress regarding international executive agreements entered into by the United States (pursuant to the Case-Zablocki Act). � 1 FAM 246.16

6. Specific Functions of L/T Administer the Circular 175 process Review agreement texts; analyze content; track and evaluate precedents Formulate, promote, and enforce U.S. treaty practice Serve as depositary for multilateral treaties Coordinate U.S. positions on codified and customary international law of treaties Receive official signed texts of treaties and agreements Process transmittals and other treaty actions General official documents Plan and execute treaty ceremonials Maintain official treaty and agreement records

7. Treaty vs. Agreements As explained in greater detail in 11 FAM 721.2, there are two procedures under domestic law through which the United States becomes a party to an international agreement. Treaty: an international agreements (regardless of their title, designation, or form) whose entry into force with respect to the United States takes place only after two thirds of the U.S. Senate has given its advice and consent under Article II, section 2, Clause 2 of the Constitution. It is a formerly signed and ratified agreement between two nations or sovereigns. Agreement: international agreements brought into force with respect to the United States on a constitutional basis other than with the advice and consent of the Senate are �international agreements other than treaties� and are often referred to as �executive agreements.� These can be approved with a simple majority vote of both houses of Congress, or may not even be submitted to Congress for approval.

8. Treaties or treaty-like instruments go by many other names as well, such as, Accords Pacts Conventions Covenants Final Acts Charters Protocols Constitutions for International Organizations *Regardless of what an international agreement is called, if it is submitted to the Senate for advice and consent, it is considered a treaty under United States law.

9. Treaty Lexicon Accession: formal adoption of the provisions of a treaty already agreed upon by other nations. Bilateral: a treaty between two countries. Enter into Force: when the terms of a treaty become binding on a party. A treaty does not necessarily enter force when the treaty is signed, or even when it is ratified, but it enters into force when parties agree that the treaty enters into force. This is usually a specific date. International Agreements: are not treaties, but are treaty-like. They do not require Senate ratification. Most of the United States� formal relations with other countries are governed by international agreements. Multilateral: a treaty between more than two countries. Parties: countries that have ratified a treaty; parties are bound by the terms of the treaty. Ratification: a country�s internal confirmation or acceptance of terms of a treaty, usually accomplished through some form of legislative process. Reservation: a term or terms of a treaty objected to by a country. A country will formally declare it will not be bound by the objectionable term or terms of a treaty usually during the ratification process. Signatories: countries that have signed a treaty. Signing a treaty indicated intent to be bound by the terms of the treaty, but is not necessarily the same as actual accession.

10. Treaty and Agreement Making Process Treaty Secretary of State authorizes negotiation (Circular 175 Process) U.S. representatives negotiate Agree on terms, and upon authorization of Secretary of State, sign treaty President submits treaty to Senate Senate Foreign Relations Committee considers treaty and reports to Senate Senate considers and approved 2/3 majority President proclaims entry into force Agreement Secretary of State authorizes negotiation (Circular 175 process U.S. representatives negotiate Agree on terms, and upon authorization of Secretary of State, sign agreement Three types of agreements Agreement enters into force President transmits agreement to Congress (pursuant to Case Zablocki Act)

11. Circular 175 Procedure The �Circular 175 procedure� refers to regulations developed by the State Department to ensure the proper exercise of the treaty-making power.�Specifically, the Circular 175 procedure seeks to confirm that the making of treaties and other international agreements by the United States is carried out within constitutional and other legal limitations, with due consideration of the agreement's foreign policy implications, and with appropriate involvement by the State Department. The original �Circular 175� was a 1955 Department Circular prescribing a process for prior coordination and approval of treaties and international agreements. This title has been retained; the applicable procedures are now referenced at 22 CFR 181.4 and in 11 FAM 720.�

12. The Case-Zablocki ActUSC 112a, 112b Established in 1972 Senator Clifford P. Case (R-NJ) 1904-1982 Rep. Clement J. Zablocki (D-WI) 1912-1983 Consultation with the Secretary of State Secretary of State (usually L/T) determines whether a document constitutes an international agreement Agreements other than treaties must be reported within 60 days of entry into force Agreements must be published unless exempted by law

13. Researching U.S. Treaties and Agreements Usually the researcher is faced with the following three research problems: Locating the text of the treaty or agreement Obtaining status and ratification information Looking at the intent through background documents (negotiations, legislative research)

14. Locating Treaty Texts: Databases HeinOnline (Bevans, UST, TIAS, KAV) Oceana Lexis Westlaw

15. Locating Treaty Texts: Indexes, Guides, and Finding Tools Treaties in Force (TIF)�U.S. Department of State (State, Lexis, Westlaw, HeinOnline) A Guide to the United States Treaties in Force�Kavass; expanded version of TIF (HeinOnline) United States Treaty Index�Kavass (HeinOnline) Current Treaty Index�Kavass (HeinOnline) Treaty Index Online�Oceana Publications CCH Congressional Index�Commerce Clearing House Congressional Record Index Thomas: Treaties (http://thomas.loc.gov/home/treaties/treaties.html)

16. Locating Treaty Texts: Full-text Sources�Current Treaties and Other International Acts Series (TIAS): first official publication of new treaties and agreements (slip copies); U.S. Department of State Treaty Series (TS): 1929-1945; merged with Executive Agreement Series to form TIAS. Executive Agreement Series (EAS): 1929-1945; contains international executive agreements only; merged with TS. United States Treaties and Other International Agreements (UST): cumulative collection of TIAS; U.S. Department of State

17. Locating Treaty Texts: Full-text Sources�Current, cont. Treaty Documents: Treaties published (individually) by Senate after signed by President. Ex. T-Doc. 107-23 (104th Congress forward available online on THOMAS or GPO Access) Executive Documents (1921-1980): predecessor of T-Docs. Hein�s United States Treaties and Other International Agreements (KAV)

18. Locating Treaty Texts: Full-text Sources�Historic United States Statues at Large (STAT): vol. 7 and 8 1776-1845, Library of Congress American Memory Project; Lexis and Westlaw Treaties and Other International Agreements 1776-1949 (Bevans): HeinOnline Treaties, Conventions, International Acts, Protocols, and Agreements Between the United States and the Other Powers (Malloy): 1776-1923; HeinOnline Treaties and Other International Acts of the United States (Miller): covers 1776-1836; Superseded by Bevans; HeinOnline Treaty Series (TS): Department of State, 1913-1945; ended in 1945 when TIAS began Executive Agreement Series (EAS) 1930 (no. 1) � 1945 (no. 506) Unperfected Treaties of the United States of America: Nine volume set, texts of treaties signed but never ratified, 1784-1975

19. Locating Treaty Texts: Multilateral United Nations Treaty Collection Multilateral Treaties Deposited with the Secretary General (Index) Multilateral Treaty Calendar: (Index) 1648-1995 Multilateral Treaties Index and Current Status (Bowman and Harris)

20. Subject-Specific Treaty Research Arms Control/Defense Bilateral Investment Treaties (BITS) Commerce/Trade Agreements Environmental Law Human Rights Intellectual Property Tax Terrorism See: Columbia Law School Guide to Treaty Research (http://www.law.columbia.edu/library/Research_Guides/internat_law/treaty_research)

21. Locating Treaty Texts: Pending and Recent Treaties Thomas: http://thomas.loc.gov/home/treaties/treaties.html Senate Website: http://www.senate.gov/pagelayout/legislative/d_three_sections_with_teasers/treaties.htm Office of Treaty Affairs Website: http://www.state.gov/s/l/treaty/

22. L/T Publishing and Website http://www.state.gov/s/l/t Newly developed in 2006 and continues to be updated TIF and TIAS Case Act�Text of Agreements FAQs

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