An executive agreement is an agreement between heads of government of two or more nations that has not been ratified by the legislature, since the treaties are ratified. Executive agreements are considered politically binding to distinguish them from legally binding contracts. In recent years, the growth of executive agreements has also been due to the volume of business between the United States and other countries, coupled with the already high workload of the Senate. Many international agreements are relatively small and would unnecessarily overburden the Senate if presented in the form of consultation and approval treaties. Another factor has been the adoption of legislation that the executive has adopted to conclude international agreements in certain areas, such as foreign aid, agriculture and trade. Contracts have also been adopted to allow for further agreements between the parties. According to a 1984 study by the Senate Committee on Foreign Relations, “88.3% of international agreements concluded between 1946 and 1972 were at least partially based on legal authority; 6.2% were contracts, 5.5% were exclusively executive. In the United States v. Pink, 445 decided five years later, the same course of argument was repeated with additional insistence. The question was whether, under the 1933 executive agreement, the United States was allowed to recover the assets of the New York branch of a Russian insurance company. The company argued that the Soviet government`s forfeiture decrees do not apply to its property in New York and could not be challenged by the U.S.
And New York Constitutions. The court, which was decided by Justice Douglas, brushed aside these arguments. An official statement from the Russian government itself resolved the issue of the extraterritorial operation of the Russian nationalization decree and was binding on the US courts. The power to remove such obstacles to the full recognition of the claims of our nationals was “a modest tacit power of the president, who is “the only organ of the federal government in the field of international relations”. It was the verdict of the political department that the full recognition of the Soviet government required the resolution of outstanding problems, including the claims of our nationals. We would take over the executive if we felt that the court decision was not final and conclusive. [Note 390] One authority concluded that of the executive treaties concluded between 1938 and 1957, only 5.9 per cent were based exclusively on the president`s constitutional authority. McLaughlin, The Scope of the Treaty Power in the States-II, 43 Minn.
L. Rev. 651, 721 (1959). Another study, which overlapped somewhat, showed that during the period 1946-1972, 88.3% of the agreements of executing were based, at least in part, on legal force; 6.2% were based on contracts, 5.5% solely on executive powers. International Agreements: An Analysis of Executive Regulations and Practices, A Study Prepared for the Senate Committee on Foreign Relations by the Congressional Research Service, 95th Congress., 1st sess. (Comm. Print) (1977), 22. Most executive agreements were concluded in accordance with a treaty or an act of Congress. However, presidents have sometimes reached executive agreements to achieve goals that would not find the support of two-thirds of the Senate.
For example, after the outbreak of World War II, but before the Americans entered the conflict, President Franklin D. Roosevelt negotiated an executive agreement that gave the United Kingdom 50 obsolete destroyers in exchange for 99-year leases on some British naval bases in the Atlantic. In addition to treaties that do not enter into force without the Council and the senate agreement and which can become binding on the United States, there are other types of international agreements concluded by the executive branch and not submitted to the Senate.