An executive agreement is an agreement between the

heads of government The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, a ...

of two or more nations that has not been ratified by the

legislature A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known ...

as treaties are ratified. Executive agreements are considered ''politically binding'' to distinguish them from treaties which are ''legally binding''. In the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

, executive agreements are made solely by the

President of the United States The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the Federal government of the United States#Executive branch, executive branch of the Federal gove ...

. They are one of three mechanisms by which the United States enters into binding international obligations. Some authors consider executive agreements to be treaties under

international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...

in that they bind both the United States and another

sovereign state A sovereign state or sovereign country, is a political entity represented by one central government that has supreme legitimate authority over territory. International law defines sovereign states as having a permanent population, defined ter ...

. However, under United States constitutional law, executive agreements are not considered treaties for the purpose of the Treaty Clause of the

United States Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...

, which requires the advice and consent of two-thirds of the Senate to qualify as a treaty. Some other nations have similar provisions with regard to the ratification of treaties.

In general

Executive agreements are often used in order to bypass the requirements of national

constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...

s for ratification of treaties. Many nations that are republics with written constitutions have constitutional rules about the ratification of treaties. The Organization for Security and Co-operation in Europe is based on executive agreements.

In the United States

In the United States, executive agreements are binding internationally if they are negotiated and entered into under the president's authority in foreign policy, as commander-in-chief of the armed forces, or from a prior act of Congress. For instance, as commander-in-chief, the president negotiates and enters into status of forces agreements (SOFAs), which govern the treatment and disposition of U.S. forces stationed in other nations. The president cannot, however, enter unilaterally into executive agreements on matters that are beyond their constitutional authority. In such instances, an agreement would need to be in the form of a

congressional-executive agreement The officially stated goals of the foreign policy of the United States of America, including all the bureaus and offices in the United States Department of State, as mentioned in the ''Foreign Policy Agenda'' of the Department of State, ar ...

, or a

treaty A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal per ...

with Senate advice and consent. The U.S. Supreme Court, in '' United States v. Pink'' (1942), held that international executive agreements validly made have the same legal status as treaties and did not require Senate approval. In '' Reid v. Covert'' (1957), while reaffirming the president’s ability to enter into executive agreements, the court also held that such agreements cannot contradict existing

federal law Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join in a federation, delegating their individual sovereignty and many ...

or the Constitution. The

Case-Zablocki Act {{Short description, 1972 American law The Case-Zablocki Act of 1972 is an American law, still in effect, designed to ensure that Congress would be informed about the international commitments made by executive agreements. The law was named after D ...

of 1972 requires the president to inform the Senate within 60 days of any executive agreement being made. No restriction was placed on presidential powers to make such agreements. The notification requirement enabled Congress to vote to cancel an executive agreement, or to refuse to fund its implementation.Ellen C. Collier, "Foreign Policy by Reporting Requirement." ''The Washington Quarterly'' 11.1 (1988): 75-84.

References

{{reflist International law Diplomatic documents

In general

In the United States

See also

References