Treaties

When dealing with treaties to which the United States is a party, it’s important to understand the difference between a treaty and an executive agreement under U.S. law. The United States reserves the word “treaty” for an agreement that is made “by and with the Advice and Consent of the Senate” (Article II, Section 2 of the Constitution). Agreements made by the President that are not submitted to the Senate are called “executive agreements.” While executive agreements are not treaties under U.S. law, they may still be considered legally binding treaties under international law.

For more information on the ratification and implementation of treaties under U.S. law, see Treaties and Other International Agreements: The Role of the United States Senate, S. PRT. 106–71 (2001).

Over the years, U.S. treaties have been published in a number of different sources, each often known by its citation shorthand. Since treaties still in force can date back centuries, finding the official full-text sources for a treaty can be a tricky endeavor. Rather than individually checking each full-text source, we recommend starting your search by first consulting one of the following indexes or finding aids to find the relevant citations for your treaty:

Treaties in Force (TIF)

Usually published annually by the State Department, Treaties in Force is the best source for finding citations for U.S. treaties and other international agreements that are currently in force. The current 2019 edition is available online, split into bilateral and multilateral sections. Bilateral treaties and agreements are arranged by country, and multilateral treaties and agreements are arranged by subject.

Kavass's Guide to the United States Treaties in Force (Kavass)

Kavass supplements Treaties in Force by providing additional ways to sort treaties, including a combined subject index for bilateral and multilateral treaties, as well as treaties organized by country, subject, date, and number. Available through HeinOnline and on the 4th Floor / Reference Office, KZ235 .G85.

Kavass’s Current Treaty Index

Whereas Kavass’s Guide to the United States Treaties in Force is intended as a companion to Treaties in Force, Kavass’s Current Treaty Index supplements Kavass’s Guide by indexing more recently concluded treaties and agreements. These include both treaties published in slip form in Treaties and Other International Acts Series as well as treaties not yet published in TIAS, which are then assigned a separate “KAV number.” Available through HeinOnline and on the 4th Floor, KZ235 .U58 1991 Suppl..

Under Bluebook Rule 21.4.5, U.S. treaties and international agreements should be cited by the following sources, in the following order of preference: U.S.T. (or Stat.); T.I.A.S. (or T.S., or E.A.S.); U.N.T.S.; Senate Treaty Documents or Senate Executive Documents; the Department of State Dispatch; Department of State Press Releases. Many treaties will have more than one citation and source.

For multilateral treaties to which the United States is a party, a parallel citation may be added from one source published by an international organization (e.g., U.N.T.S.). Doing so will make your research more accessible for international readers, who may not be able to track down U.S. sources.

The following are “official” full-text sources for U.S. treaties and international agreements:

Treaties and Other International Acts Series (T.I.A.S.) [1945 – Present]

Since 1945, U.S. treaties and agreements that have entered into force have been published in this series. Since 2006, T.I.A.S. has been published in electronic form only. Note that under Bluebook R. 21.4.5, you should cite to T.I.A.S. only if a U.S.T. or Stat. citation is unavailable. Available through the Department of State [1981 – Present], HeinOnline [1950 – Present], and ReCAP, JX235.9 A4.

U.S. Treaties and Other International Agreements Series (U.S.T.) [1950 – 1984]

From 1950 to 1982, slip copies of the T.I.A.S. treaties were bound into volumes as part of this series. Available through HeinOnline and ReCAP, JX235.9 A5.

Statutes at Large (Stat.) [1776 – 1950]

From 1776 to 1950, treaties and international agreements that entered into force were published in the Statutes at Large.

Treaty Series (T.S.) [1795 – 1945]

From 1795–1945, treaties that entered into force were included in this series. Most executive agreements prior to 1929 were also included in this series.

Executive Agreement Series (E.A.S.) [1929 – 1945]

From 1929–1945, agreements that entered into force were included in this series.

Senate Treaty Documents [1981 – Present] / Senate Executive Documents [1789 – 1980]

When treaties are signed and submitted to the Senate, they are published in this collection (Senate Treaty Documents, formerly Senate Executive Documents).

If you cannot find the full text of your treaty from the official sources listed above, Bluebook Rule 21.4.5 allows for the citation of unofficial sources. The following unofficial sources may be helpful to you:

International Legal Materials (I.L.M.) [1962 – Present]

Under Bluebook R. 21.4.5(c), you should cite to this series if you cannot cite to any of the sources listed above. International Legal Materials publishes select U.S. treaties and executive agreements along with other international law documents. Access is available through HeinOnline [1962 – 2017] and Cambridge University Press [2012 – Present].

KAV Agreements [1950 – Present]

Available through HeinOnline, this source provides the full text of U.S. treaties and agreements since 1950 that have not yet been published in U.S.T. or T.I.A.S. In short, this is the most comprehensive source for recent and unpublished U.S. treaties and agreements.

Once you’ve located your treaty or international agreement, you’ll likely want to make sure the information regarding the treaty’s status (e.g., whether it’s in force, whether it’s been ratified, list of parties) is up to date.

To see if a U.S. treaty or agreement has entered into force, start with the latest edition of Treaties in Force (TIF). Each entry should provide the date on which the treaty entered into force.

If the treaty is recent and has not yet been ratified, you can check on the status of treaties received and approved by the current congress on the Senate’s webpage for Treaties.

If the treaty was submitted to the Senate in the past but have not yet received Senate advice and consent to ratification, you can find it on the State Department’s Treaties Pending in the Senate.