Part I describes the historical background of the RUDs and their principal features.
treatymakers to embrace the particular RUDs that are the focus of this Article.
79) With respect to the treaties to which the Senate has given its advice and consent, there has been a remarkable consensus across very different administrations and very different Senates about both the desirability of ratifying these treaties and the need to attach RUDs to the treaties as a condition of ratification to protect domestic prerogatives.
To address these concerns, President Carter and every subsequent President have included proposed RUDs with their submission of human rights treaties to the Senate.
RUDs are designed to harmonize the treaties with existing requirements of U.
Some RUDs are reservations pursuant to which the United States declines to consent altogether to certain provisions in the treaties.
Some RUDs set forth the United States's interpretation of vague treaty terms, thereby clarifying the scope of United States consent.
RUDs for human rights treaties typically contain an understanding or other statement relating to federalism.
RUDs, like the reservations of many other nations, also typically decline to consent to "ICJ Clauses" in the human rights treaties, pursuant to which claims under the treaties could be brought against the United States in the International Court of Justice.
Many scholars have argued that RUDs are inconsistent with the international law that governs treatymaking.
The Vienna Convention on the Law of Treaties(116) is the primary source of the international law objections to RUDs.
Where examples are needed, we will refer to the RUDs attached to the U.