united states - What is the difference between a treaty and an executive

agreement in American Foreign Policy? - Politics Stack Exchange

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** What is the difference between a treaty and an executive agreement in
American Foreign Policy? **

up vote 5 down vote favorite
So a treaty requires the consent of the United States Senate to come into
effect while an executive agreement does not.

However, beyond that, what are the differences between the two? Are there
things that must be done via a treaty as opposed to an executive agreement?
Are executive agreements considered binding by US Courts? Are the two types
of agreement generally used for different purposes or is there significant

united-states foreign-policy treaty

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asked Nov 11 '13 at 23:40

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* 1 Answer

Source: politics.stackexchange.com/questions/2359/what-is-the-difference-between-a-treaty-and-an-executive-agreement-in-american-f

how are a treaty and an executive agreement different

Executive agreement - Wikipedia, the free encyclopedia


** Executive agreement **

From Wikipedia, the free encyclopedia
Jump to: navigation, search

/This article is about executive agreements between nations in
general. For information on executive agreements in US foreign policy, see
Foreign policy of the United States#Law./

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/. An *executive agreement* is one of three mechanisms by which the
United States enters into binding international agreements. They are
considered treaties by some authors as the term is used under international
law in that they bind both the United States and a foreign sovereign state.
However, they are not considered treaties as the term is used under United
States Constitutional law, because the United States Constitution's treaty
procedure requires the advice and consent of two-thirds of the Senate, and
these agreements are made solely by the President of the United States.
Some other nations have similar provisions with regard to the ratification
of treaties.


· 1 In general
· 2 In the United States
· 3 References
· 4 See also

*In general[edit]*

Executive agreements are often used in order to bypass the requirements of
national constitutions for ratification of treaties. Many nations that are
republics with written constitutions have constitutional rules about the
ratification of treaties. The Organization for Security and Co-Operation in
Europe, the largest international organization in the world, is based on
executive agreements.

*In the United States[edit]*

An executive agreement can only be negotiated and entered into through the
president's authority (1) in foreign policy, (2) as commander-in-chief of
the armed forces, or

Source: en.wikipedia.org/wiki/Executive_agreement

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