Treaties are binding legal agreements entered into between nations. The US Constitution makes treaties part of "the law of the land" once the Senate grants its "advice and consent" to ratification. However, in most instances, even ratified treaties require implementing legislation in order to give domestic effect to the commitments they contain. For that reason, any commitments contained in the FCTC will require action by both houses of Congress to bring into force.
Thus, while the Executive Branch has responsibility under the Constitution for negotiating treaties, the Congress also plays a critical role in the treaty-making process. Consultation between both branches is essential throughout the negotiations.
The guarantees of the Bill of Rights also place limits on treaty-making. The US will not ratify treaties that would place unacceptable restrictions on free speech or other Constitutionally protected rights.
The US has a federal government, in which States have certain domains of principal responsibility. This also places important parameters on treaty-making. As a general rule, the US government does not attempt to impose obligations on states via treaties.
All of these practices, and others, place parameters on what the US can do in the context of the FCTC.
Learning Objectives: At the conclusion of this session, participants will be able to discuss the way the treatymaking process affects the health policy goals that can be achieved through the FCTC
Keywords: Tobacco Control, Tobacco Policy
Presenting author's disclosure statement:
Organization/institution whose products or services will be discussed: U.S. Government
I have a significant financial interest/arrangement or affiliation with any organization/institution whose products or services are being discussed in this session.
Relationship: Employee of the U.S. government