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:
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:
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:
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.