On Lawfare, John Bellinger notes the ratification of two more treaties (extradition treaties with Chile and the Dominican Republic), and notes this sets a record for a new low:
This brings to six the number of treaties approved by the Senate in the Obama Administration’s second term. (In 2014, the Senate approved four fisheries treaties.) The Senate approved nine treaties in the Obama Administration’s first term, bringing to 15 the number of treaties approved by the Senate during the Obama Administration. This is the fewest number of treaties approved by the Senate in a four-year period or eight-year period at least since World War II (and probably much longer — some intrepid law student will need to check).
In contrast, the Senate approved 163 treaties during the eight years of the Bush administration, including a record 90 treaties during the last two years of the Administration. Ironically, under a President who most Europeans and many international law professors are convinced did not believe in international law, the United States may have become party to more new treaty law than during any other eight-year period in U.S. history.
Perhaps I’m naive, but counting the number of ratified treaties and declaring this to be akin to a crisis because not enough law is being passed seems wildly inappropriate.
First, treaties come in wildly differing sizes. One treaty may cover an enormous subject, another a very slender subject. Would we equate an extradition treaty with,say, a treaty divvying up the Antarctica resources?
Second, as a metric it fails to account for the potential slothfulness of the Administration.
Third, it also fails to account for the potential spitefulness of the Senate. Or, to be polite, honest differences of opinion, as some would insist.
Fourth, it also fails to account for the need for new laws. I certainly have no idea how much need there is for more international law, although the Internet and software in general no doubt remain fertile areas.
To some extent, I have my doubts as to the worthiness of whipping out a tape measure how much law we currently have and need. However, since there is some worth in actually pointing fingers, probably the best measure is how many treaties are stuck in the pipeline, and even better, for how long? While companies often love backlogs as they show how popular their products have become, for the government sector it’s indicative of inefficiencies and even dangers. Numbers measuring these treaties, perhaps with risks attached or even modifying the numbers, might be far more useful than simply counting pieces of signed papers.
