April 8, 2021...9:52 pm

Difference Between International Agreement And Executive Agreement

Contrary to the assumptions raised in the previous subsection, several reports indicate that the commitments made in the form of a contract differ qualitatively from those made between Congress and the executive branch. These reports are based on the idea that the treaty, while politically more costly, can also bring some benefits to the parties, which may ultimately lead to a firmer commitment. In the case of interactions where benefits outweigh costs, the contract would then be the preferred instrument, while an executive agreement of Congress would be preferred in others. 51 For a detailed discussion on the alleged difference in political costs, see Setear, note 15 above, for S14. Customary international law plays a direct role in the U.S. legal system when Congress includes it in federal law through legislation. Some statutes explicitly refer to international law and allow courts to interpret their requirements and contours.245 Thus, federal law prohibits “the crime of piracy under international law . . . .” 246 And the Foreign Sovereign Immunities Act removes protection against legal actions granted to foreign sovereign nations in certain categories of cases where property rights are “held in violation of international law.” 247 3 Wallace McClure, International Executive Agreements: Democratic Procedure Under the Constitution of the United States 378 (1941) (on the grounds that the treaty should be replaced by the executive agreement, unless “there is no public opinion and there is no question of treaty acceptance”); Edwin Borchard, Book Review: International Executive Agreements: Democratic Procedure Under the Constitution of the United States, 42 Colum. L. Rev.

887 (1942) (refuting McClure`s argument and calling it unconstitutional); See also Borchard, Edwin, Shall the Executive Agreement Replace the Treaty?, 53 Yale L.J. 664 (1944) (executive agreements characterized as an instrument of lower engagement). The Case-Zablocki Act of 1972 requires the President to notify the Senate within 60 days of an executive agreement. The president`s powers to conclude such agreements have not been restricted. The reporting requirement allowed Congress to vote in favor of repealing an executive agreement or to refuse funding for its implementation. [3] [4] If the executive branch has the jurisdiction to conduct politics without referring to Congress, the President may apply exclusive executive agreements.