The Meaning of Sovereignty

December 5, 2012 Topic: CongressUNHuman RightsInternational Law Region: United States Blog Brand: Paul Pillar

The Meaning of Sovereignty

Treaties and independence aren't opposites.

Former Senator Bob Dole, 89 years old, returned this week to the floor of the chamber where he was for many years one of the leading Republicans. He also, of course, had twice represented his party on a national ticket as the nominee for vice president and then for president. Infirm of late and just recently checked out of Walter Reed hospital, Dole was in a wheelchair pushed by his wife Elizabeth, also a former senator. He came back to the Senate to show his support for ratification of a multilateral treaty banning discrimination against people with disabilities. Dole demonstrated in his own career what a talented person with a disability can do. He lacked one of the common tools of a politician: a handshake with the right arm—an arm that in Dole's case had been rendered useless by a severe injury sustained in combat in World War II.

Senator John Kerry, as chairman of the Foreign Relations Committee, was the principal advocate of the treaty in the Senate debate. In his speech he appealed to his colleagues, “Don't let Senator Bob Dole down.” It wasn't enough. One of those who lobbied against ratification was another former senator, one whose career has been far less accomplished and distinguished than Dole's. Rick Santorum argued that somehow the treaty would not let American parents home-school their kids. The vote on ratification was 61 in favor and 38 against, falling short of the two-thirds needed for ratification.

The opposition to this treaty reflected a generic opposition on the right that extends as well to other broadly-adopted international conventions, to anything having to do with the United Nations, often to treaties in general, and even to most international cooperation in general. Those with this mindset often speak about not wanting to compromise U.S. “sovereignty.” Suspicions were voiced that the disabilities treaty would mean U.N. bureaucrats making decisions about the needs of American children. One could almost hear the black helicopters hovering overhead.

Some of the treaty's opponents also argued that because countries we don't like—and which we like to assume are insincere and hypocritical regarding their international obligations—such as Iran and Syria have signed the treaty, for the United States to adhere to the treaty might imply that we approve of how those countries treat their disabled citizens. That's a strange approach—one that would appear to give the disliked countries a veto over which international agreements the United States does and does not sign on to itself. Moreover, if we regard the United States as sincere in what it says and it what it signs up to internationally, then the message being sent by rejecting a treaty is that the United States rejects the principles embodied in the document.

Sovereignty does not mean handcuffing one's own diplomacy or eschewing international commitments. It instead means a nation acting freely and not being told by another country what to do. Signing and ratifying a treaty are themselves acts of sovereignty. And as John Ikenberry has argued, undertaking commitments through international institutions is one of the best ways through which even a superpower can extend and perpetuate its global influence.

Advocates of ratification patiently explained that the convention on disabilities merely applies to other nations what are already legal obligations in the United States under the Americans With Disabilities Act. Rejection therefore has little practical effect on the United States—unlike with, say, the Law of the Sea Convention, which 163 other states have already signed and ratified but the United States has not. The Senate, however, has missed a chance—which neoconservatives in particular ought to have welcomed—to say something positive about the rest of the world accepting values that Americans have already expressed in their own laws.