What Is The Difference Between Executive Agreement And A Treaty

89 The agreement is valid at least until 2012, possibly longer. 28 See Arthur W. Rovine, Digest of United States Practice in International Law 195 (Office of the Legal Counsel, Department of State, 1974). For a general overview of the history of U.S. treaties under the VCLT, see Frankowska, Maria, The Vienna Convention on the Law of Treaties Before United States Courts, 28 Va. J. Int`l L. 281 (1987). 79 The Law on Case Law provides that such agreements are to be transmitted only “to the Foreign Relations Committee of the Senate and to the International Relations Committee of the House of Representatives by virtue of an appropriate secrecy order, which shall be revoked only after proper notification by the President”. 1 U.S.C.

112b(a) (1979). In fact, the dynamics surrounding the ex-post agreement between Congress and the executive branch are often described as if the executive branch had submitted a particular agreement to Congress and Congress then considered that agreement in isolation. This is certainly an accurate description of legal acts implementing important trade agreements. Outside of trade, however, the approval process often seems very different. There, a review of known approval legislation suggests that (1) the wording is often vague and it is not clear whether it approves of a particular agreement; and (2) authorization is generally only a minor aspect of a legal act dealing with a much wider range of substantive issues. Footnote 42 In your view, the proliferation of the agreement between Congress and the executive branch is the result of Congress` desire to dismantle trade barriers in the post-World War II period, which made it necessary to give the president more flexibility and authority in negotiating trade agreements. Footnote 43 This then led to the conventional use of agreements between Congress and the executive branch in commercial (and financial) matters. On other issues, such as human rights, the debate was highly politicized and Congress had no desire to give up what was perceived as the sovereignty of the nation, subject to the lower legislative bar set by the Congressional Executive Agreement. .

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