sovereignty

The United States has long been highly sensitive to the question of sovereignty; as a result, it always exercises intense vigilance when dealing with treaties that have consequences for American sovereignty. It does not negotiate, sign, or ratify international treaties that impose undue obligations on it or erode its national sovereignty. It has only signed and ratified small and large treaties that advance its national interests over the years. Some of the agreements which it has refused to sign are the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), Convention on Cluster Munitions (CCM), Mine Ban Treaty, and Optional Protocol to the Convention against Torture (OPCAT). The reason for not signing them is that it considers them as threats to its sovereignty (Keating).

Treaties which the United States has refused to sign

ICPPED refers to a global human rights instrument which the United Nations General Assembly adopted in 2006 to avert forced disappearance defined in international law – crimes against humanity (Pervou). CCM refers to a global pact which the United Nations passed in 2008 to prohibit all production, stockpiling, transfer, and use of cluster munitions. It was also intended to address assistance to victims, destruction of stockpiles, and clearance of contaminated areas (United Nations). The Mine Ban Treaty is a global agreement which the United Nations adopted in 1997 to forbid the production, transfer, stockpiling, and use of antipersonnel mines and to oblige nations to destroy stockpiles, clear affected regions, and offer assistance to victims (ICBL). OPCAT is an international instrument adopted by the United Nations in 2002 to compel countries to create bodies to inspect to detention facilities to prevent ill-treatment and torture (OHCHR).

Benefits of being so protective of its sovereignty

The United States protects its sovereignty because it gives it the power to do everything essential to govern itself, for instance, creating and implementing laws and engaging in commerce or forming treaties with foreign states. It prevents other nations from interfering with its activities, for example, making and enforcing regulations. Being protective of its sovereignty enables it to have independence, autonomy, as well as control over its decisions. It also prevents the nation from being subjected to external forces or powers (Ong).

Costs of being so protective of its sovereignty

The fact that the United States is sensitive to its sovereignty makes other countries and international bodies fear that it may not abide by international law. Sovereignty can weaken a country’s relations with other nations, more so when international law threatens it. Failure of the United States to sign and ratify certain treaties due to the fear that they would threaten its sovereignty can result in confusion and chaos in the global field. Furthermore, sovereignty prevents a nation from bowing to international law (Besson).

Conclusion

The U.S. protects its sovereignty heavily; therefore, it always applies ample cautiousness when handling pacts that can affect it. As a result, the U.S. has not signed various international agreements because it fears that they are likely to have adverse implications on its sovereignty. Some of these global pacts include the International Convention for the Protection of All Persons from Enforced Disappearance, Convention on Cluster Munitions, Mine Ban Treaty, and Optional Protocol to the Convention against Torture. Indeed, the U.S. values its sovereignty since it gives it the authority to do everything vital to govern itself. However, this sovereignty often weakens the relations between the U.S. and other nations because it prevents it from bowing to international law.







































Works Cited

Besson, Samantha. "Sovereignty, International Law and Democracy." European Journal of International Law 22.2 (2011): 373–387.

ICBL. The Treaty. 30 April 2014. .

Keating, Joshua. America the exception: 7 other treaties the U.S. hasn’t ratified. 17 May 2012. .

OHCHR. Optional Protocol to the Convention against Torture. 26 October 2017. .

Ong, Aihwa. "Powers of sovereignty: State, people, wealth, life." Journal of Global and Historical Anthropology 64 (2012): 24-35.

Pervou, Ioanna. "The Convention for the Protection of All Persons from Enforced Disappearance: Moving Human Rights Protection Ahead." European Journal of Legal Studies 5.1 (2012): 145-171.

United Nations. Convention on Cluster Munitions. 20 October 2017. .