October 22, 2021

Executive Agreements Do Not

A treaty is an international agreement concluded in writing between two or more sovereign States and subject to international law, whether enshrined in a single legal act or in two or more related instruments. Treaties have many names: conventions, agreements, alliances, pacts, charters and statutes, among others. The choice of name has no legal significance. Contracts generally fall into one of two broad categories: bilateral (between two countries) and multilateral (between three or more countries). In the case of agreements between Congress and the executive and executive agreements concluded under treaties, the nature of the termination may be dictated by the underlying treaty or by the status on which the agreement is based.189 For example, in the case of executive agreements concluded under a treaty, the Senate may make its approval of the underlying treaty conditional on the requirement; that the President does not enter into or terminate executive agreements under the authority of the treaty without the treaty of senator or congress. 190 And in the event of an agreement between Congress and the executive, Congress may prescribe the manner in which denunciation is done in the statute that approves or implements the agreement.191 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.

This recognition of the preventive scope of executive agreements was part of the movement for a constitutional amendment in the 1950s to limit the president`s powers in this area, but this move failed496 With the fall of France in June 1940, President Roosevelt concluded two executive agreements, whose overall impact has been to shift the role of the United States from strict neutrality vis-à-vis the European war to one of the semi-thirst for war. The first agreement was with Canada and provided for the creation of a Permanent Joint Board on Defense that would “more broadly consider the defence of the northern half of the Western Hemisphere.” 482 Second, and more important than the first, the Hull-Lothian Agreement of 2 September 1940, after which the United States handed over to the British Government, for eighty-nine years, fifty obsolete destroyers that had been overtaken and recommissioned in exchange for the lease of certain naval base sites in the British West Atlantic, which had been overtaken and recommissioned.483 And on 9 April 1941, the Foreign Ministry concludes an executive agreement with the Danish Minister in Washington, D.C., in light of the German occupation of Denmark, which has just been completed. 484 The Supreme Court of the United States, at United States v. Pink (1942), held that international executive agreements that have been concluded under the law have the same legal status as treaties and do not require Senate approval. Even at Reid v. Covert (1957), while reaffirming the President`s ability to enter into executive agreements, decided that such agreements could not be contrary to existing federal law or the Constitution. 497,539 U.P. 396 (2003). The opinion of the Court of Justice in Dames & Moore v.

Regan, 453 U.S. 654 (1981), was rich in learning experiences on many topics relating to executive agreements, but the preemptive force of agreements based exclusively on the power of the president was not in question, the Tribunal concluded that Congress had either authorized various presidential actions or had long been accessible to others. . . .

About Bob Bergey

Bob has been driving motorcoaches since 2002, in every state east of the Mississippi and a few west, as well as the four southeastern-most provinces of Canada. In addition to driving, he's an avid photographer (and former professional), enjoys writing and technology.