Executive agreement

An executive agreement[1] is an agreement between the heads of government of two or more nations that has not been ratified by the legislature as treaties are ratified. Executive agreements are considered politically binding to distinguish them from treaties which are legally binding.

In the United States, executive agreements are made solely by the President of the United States. They are one of three mechanisms by which the United States enters into binding international obligations. Some authors[who?] consider executive agreements to be treaties under international law in that they bind both the United States and another sovereign state. However, under United States constitutional law, executive agreements are not considered treaties for the purpose of the Treaty Clause of the United States Constitution, 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.

  1. ^ Green, William (2004). Schultz, David; Vile, John R. (eds.). The Encyclopedia of Civil Liberties in America. Armonk, NY: Routledge. pp. 345–348. ISBN 9781317457138. Retrieved April 25, 2016.