Duke Law Scholarship Repository

Title

The United States and Human Rights Treaties: Race Relations, the Cold War, and Constitutionalism

Authors

Curtis A. Bradley, Duke Law SchoolFollow

Document Type

Article

Publication Date

2010

Keywords

human rights treaties, race relations, RUDs

Abstract

The United States prides itself on being a champion of human rights and pressures other countries to improve their human rights practices, and yet appears less willing than other nations to embrace international human rights treaties. Many commentators attribute this phenomenon to the particular historical context that existed in the late 1940s and early 1950s when human rights treaties were first being developed. These commentators especially emphasize the race relations of the time, noting that some conservatives resisted the developing human rights regime because they saw it as an effort by the federal government to extend its authority to address racial segregation and discrimination in the South. As this essay explains, the guarded and qualified U.S. relationship with human rights treaties stems not only from a particular moment in history but also is a product of more enduring, and less obviously problematic, features of the U.S. constitutional system.

Citation

Curtis A. Bradley, The United States and Human Rights Treaties: Race Relations, the Cold War, and Constitutionalism, 9 Chinese Journal of International Law 321-344 (2010)