In the United States, executive agreements are internationally binding when negotiated and concluded under the authority of the president in foreign policy, as commander-in-chief of the armed forces, or based on an earlier act of Congress. For example, as commander-in-chief, the president negotiates and concludes status-of-forces agreements (SOFIA) that govern the treatment and disposition of U.S. forces stationed in other countries. However, the president cannot unilaterally conclude executive agreements on matters beyond his constitutional authority. In such cases, an agreement should take the form of an agreement between Congress and the executive branch, or a treaty with the advice and consent of the Senate. [2] Executive agreements are often used to circumvent the requirements of national constitutions for treaty ratification. Many nations that are republics with written constitutions have constitutional rules for ratifying treaties. The Organization for Security and Cooperation in Europe is based on executive agreements. In United States v. Pink (1942), the U.S. Supreme Court ruled that international executive treaties that have been validly concluded have the same legal status as treaties and do not require Senate approval.
Also in Reid v. Covert (1957), he affirmed the president`s ability to enter into executive agreements, but decided that such agreements could not be contrary to applicable federal law or the Constitution. The Case Zablocki Act of 1972 requires the president to notify the Senate of any executive agreement within 60 days. The Powers of the President to conclude such agreements have not been divided. The notification requirement allowed Congress to vote to cancel an executive agreement or refuse to fund its implementation. [3] [4] Some other countries have similar provisions regarding the ratification of treaties. An executive agreement[1] is an agreement between the heads of government of two or more countries that has not been ratified by the legislator when the treaties are ratified. Executive agreements are considered politically binding to distinguish them from legally binding treaties. 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 enters into binding international commitments. Some authors consider executive treaties to be international treaties because 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 treaty clause of the U.S. Constitution, which requires the Council and the approval of two-thirds of the Senate to be considered a treaty. .