10 Sep 2021
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In the United States, executive agreements are concluded exclusively by the President of the United States. They are one of three mechanisms through which the United States make binding international commitments. Some authors consider executive agreements to be treaties under international law, as they bind both the United States and another sovereign state. However, under U.S. constitutional law, executive agreements are not considered treaties within the meaning of the contractual clause of the U.S. Constitution, which requires the Council and the approval of two-thirds of the Senate to be considered a treaty. The use of executive contracts increased significantly after 1939. Before 1940, the U.S. Senate had ratified 800 treaties and presidents had concluded 1200 executive agreements; From 1940 to 1989, during World War II and the Cold War, presidents signed nearly 800 treaties, but negotiated more than 13,000 executive agreements. The Supreme Court of the United States, in united states v. Pink (1942), considered that international executive agreements that have been concluded in force have the same legal status as treaties and do not require the approval of the Senate.

In Reid v. Covert (1957), while reaffirming the President`s ability to enter into executive agreements, he decided that such agreements could not be contrary to federal law or the Constitution in force. In the United States, executive agreements are binding internationally when negotiated and concluded under the authority of the president on foreign policy, commander-in-chief of the armed forces, or a previous act of Congress. For example, the president, as commander-in-chief, negotiates and enters into status of forces agreements (SOFAs) governing the treatment and disposition of U.S. armed forces stationed in other nations. However, the President may not unilaterally conclude executive agreements on matters not within his constitutional authority. In such cases, an agreement should take the form of an agreement between Congress and the executive or a contract with deliberation and approval by the Senate. [2] Most executive agreements were concluded on the basis of a treaty or an act of Congress. However, presidents have sometimes entered into executive agreements to achieve goals that would not have the support of two-thirds of the Senate. For example, after the outbreak of World War II, but before the United States entered the conflict, President Franklin D. Roosevelt negotiated an executive agreement that granted the United Kingdom 50 overflow destroyers in exchange for 99 years of leases for some British naval bases in the Atlantic. The Case Zablocki Act of 1972 requires the president to inform the Senate of any executive agreement within 60 days.

The powers of the President to enter into such agreements have not been granted. . . .


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