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Sunday, July 15, 2012

A Tale of Two Treaties

Ratifying treaties is one of the few direct levers of influence Congress -- specifically the Senate -- has over U.S. foreign policy. So it's interesting to see how members have approached that duty in recent years.

Whereas 30 years ago controversy over treaties was the exception, now it seems to be the rule. One of the main reasons for that is the strong segment of the Republican party that is unabashedly skeptical of any international pact that could subject the United States to foreign standards or regulation. So even something like the Law of the Sea Treaty (CQ subscription required) -- a United Nations convention that has been ratified by more than 160 countries and has the backing of traditional GOP constituencies like the oil industry and the Chamber of Commerce -- is facing serious headwinds (CQ subscription required) in the current Congress.

Two-thirds of the Senate have to vote to approve ratification of a treaty for the U.S. to move forward with it, and 31 Republicans have already signaled their opposition to the Law of the Sea, which would regulate countries' and companies' use of the deep seas. Essentially, opponents do not like the prospect that U.S. would be accountable to an international panel for its deep sea exploration and navigation. Many of the same Republicans voted against ratification of the New START arms reduction treaty with Russia in 2010, though the Senate ultimately approved that pact by a narrow margin.

One treaty, however, looks poised to buck the trend of air-tight votes. The U.N. Convention on the Rights of Persons with Disabilities -- which would raise international standards for the treatment of the disabled -- has a bipartisan group of senators backing it, from conservatives who have opposed most other treaties to liberal members of the Senate Democratic leadership. The Senate Foreign Relations Committee's hearing on the treaty was a relatively innocuous affair and the committee has now scheduled a vote on Thursday July 19. It could actually win Senate approval by July 26, the disability advocates because it marks the 22nd anniversary of the Americans with Disabilities Act. That would be lightning quick by the standard of today's Congress.

UPDATE, 7/17:

Three more Republican senators announced their opposition to the treaty, pushing the total that have expressed public objections to 34 -- just enough to block ratification (CQ subscription required) should it come to a vote.

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