The Illusion of Human Rights: The US Constitution, Non-Self-Executing Declarations and Human Rights Treaty Law

A trend in the approach of the United States of America (US) to the international human rights regime has emerged, which involves the use of non-self-executing (NSE) declarations. Unlike traditional explanations, this article posits that the use of such declarations has emerged as a symptom of America’s vision of international law, which undermines the binding character of international law and human rights law in particular. US foreign policy typically commands adherence only to treaties that serve to promote its various demands and rejects those which do not meet these demands. This article explores the way in which NSE declarations enable the US to achieve such a foreign policy. Moreover, it demonstrates that these declarations have the effect of denying individuals in the US the greater protection of human rights that international law offers and of violating international law and the Constitution of the US.