ABSTRACT

This chapter looks at international law through the prism of domestic political institutions and social norms, which contextualizes United States power, its insecurity, and anti-internationalist or isolationist posture. It discusses the origins of rights discourse by focusing on the development of the Bill of Rights and demonstrates how the concept of rights is fundamental to the founding of the United States. The chapter examines how the dynamic relationship among federalism and treaty powers of the executive branch influences United States attitudes towards international law and multilateral treaties. It discusses the treaty-making powers of the United States Senate and how the Bricker Amendment constitutional fight altered perceptions and politics surrounding treaty ratification and generated entrenched opposition to United States ratification of human rights conventions. The chapter describes United States human rights policy during the Kennedy Johnson, Nixon Kissinger, Carter Vance, and Reagan Kirkpatrick era. It analyzes United States opposition to the genocide convention, women's rights convention, and the international criminal court.