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Rule of Power or Rule of Law?
An Assessment of U.S. Policies and Actions
Regarding Security-Related Treaties

Editors: Nicole Deller, Arjun Makhijani, and John Burroughs
Contributing Authors: John Burroughs, Merav Datan, Nicole Deller, Mark Hiznay, Arjun Makhijani, Elizabeth Shafer, and Pam Spees
Institute for Energy and Environmental Research and Lawyers' Committee on Nuclear Policy
Apex Press, 2003, 263 pages, soft cover

NOW A BOOK

(Report of the same name, published in April 2002, is no longer available)

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Table of Contents

Acknowledgements

Preface

Executive Summary [PDF: 63KB; 16 pages]

An Overview of U.S. Policies Toward the International Legal System
Nuclear Nonproliferation Treaty (NPT)
Comprehensive Test Ban Treaty (CTBT)
Anti-Ballistic Missile (ABM) Treaty
Chemical Weapons Convention (CWC)
Biological and Toxin Weapons Convention (BWC) and the BWC Protocol
Mine Ban Treaty
UN Framework Convention on Climate Control (UNFCCC) and the Kyoto Protocol
Rome Statute of the International Criminal Court (ICC)
Treaties and Global Security

Chapter 1. An Overview of U.S. Policies Toward the International Legal System

I. Making International Law A. What Is International Law?
B. The Process of Treaty Making II. Despite Its Role as Progenitor of Rule of Law Principles, U.S. Regard for International Law Is Ambivalent at Best A. The United Nations and The League of Nations
B. U.S. Ambivalence Toward the International Law of Human Rights
C. U.S. Relationship with the International Court of Justice
D. U.S. Response to Terrorism after 9/11 III. Recurrent Themes of U.S. Treaty Policy A. Disregard of Obligations After Ratification
B. U.S. Role in Shaping the Terms of Agreements Only to Reject Them

Chapter 2. The Nuclear Nonproliferation Treaty

I. Origins
II. Recent Developments
III. Assessment of Compliance with NPT Nonproliferation and Disarmament Obligations A. US-Russian Strategic Arms Reductions
B. Diminishing Role for Nuclear Weapons in Security Policies
C. US-Russian Non-Strategic Arms Reductions
D. Missile Defenses
E. Nuclear Testing
F. Fissile Materials Accounting, Control and Disposition
G. Nuclear Disarmament in General IV. Conclusion

Chapter 3. The Comprehensive Test Ban Treaty

I. Background
II. The CTBT and Its Current Status
III. The U.S. Senate's Rejection of CTBT Ratification
IV. Aftermath of the Signing of the CTBT and Its Rejection by the U.S. Senate
V. Compliance Status

Chapter 4. The Anti-Ballistic Missile Treaty

I. Background
II. Analysis of the U.S. Notice of Withdrawal from the ABM Treaty

Chapter 5. The Convention on the Prohibition of the Development, Production, Stockpiling, and Use of Chemical Weapons and on Their Destruction (CWC)

I. Background
II. U.S. Ratification and Implementation of the CWC A. Difficulties In Senate Approval of the CWC
B. U.S. Exceptionalism in Ratification of the CWC III. Effects of U.S. Non-Compliance
IV. Failure to Use the Challenge Inspection Mechanism
V. The Legacy of the CWC

Chapter 6. The Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction (BWC) and the Draft Protocol to the BWC

I. Background: The Biological Weapons Convention
II. History of the Negotiations for a Protocol to Strengthen the BWC
III. Contents of the BWC Verification Protocol A. Description of the Protocol
B. Criticisms of The Protocol and Responses IV. U.S. Rejection and the End of the Protocol A. The Bush Administration Policy Review
B. U.S. Decision to Scrap the Protocol
C. Reasons Given for the Decision to Oppose the Protocol Are Not Valid
D. Alternatives Proposed By the United States to Strengthen the BWC
E. The Suspension of Multilateral Efforts to Strengthen the Convention V. The U.S. Biodefense Program A. Recent U.S. Biodefense Research
B. The Legality of U.S. Biodefense Activities Under the BWC VI. Conclusion

Chapter 7. Treaty Banning Antipersonnel Mines

I. Mine Ban Treaty Overview
II. Evolution of U.S. Policy
III. Current U.S. Policy A. U.S. Justification: Smart Mines are Better
B. U.S. Justification: Mines are Critical in Defending Korea
C. Programs to Develop Alternatives to Antipersonnel Mines
D. U.S. Contribution To Global Demining Programs IV. Impact of U.S. Mine Policy on the Implementation of the Treaty

Chapter 8. The United Nations Framework Convention on Climate Change and the Kyoto Protocol

I. The UNFCCC
II. The Kyoto Protocol
III. Status of the Kyoto Protocol and the U.S. Position
IV. Analysis of Compliance with the UNFCCC and the Kyoto Protocol

Chapter 9. The Rome Statute of the International Criminal Court

I. Background
II. Some Basics about the Rome Statute
III. "The ICC Is Indeed a Monster..." A. U.S. Criticisms and Concerns
B. U.S. Participation in the ICC Negotiations IV. Conclusion

Chapter 10. Treaties and Global Security

I. Introduction
II. The Role of Multilateral Treaties in Building Security
III. Treaty Compliance and Creation
IV. Enforcement
V. Echoes of Manifest Destiny
VI. Conclusion

Appendix A

Table 1: Ratification Status of Security-Related Treaties
Table 2: Ratification Status of Human Rights Treaties

Appendix B: Correspondence between Senator Tom Harkin and the U.S. Department of Energy

Appendix C: References

Contributors

Fact sheet Based on report (June 2002)

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Publications Index

Institute for Energy and Environmental Research
Comments to Outreach Coordinator: ieer@ieer.org
Takoma Park, Maryland, USA

Posted April 2002
Updated January 2003