Executive Agreement Functions

Kanet, University of Miami, for International Studies Review A treaty is an international agreement concluded in writing between two or more sovereign States and subject to international law, whether enshrined in a single instrument or in two or more related instruments. Treaties have many names: conventions, agreements, alliances, pacts, charters and statutes, among others. The choice of name has no legal significance. Contracts generally fall into one of two broad categories: bilateral (between two countries) and multilateral (between three or more countries). La Paquete Habana, 175 U.P. 677, 700 (1900). See also. B Galo-Garcia v. Immigration and Naturalization Service, 86 F.3d 916 (9th Cir.

1996) (“[W]here a controlling executive ou legislative act. . exists, the law of international use is not applicable”.) (Quote omitted). In the case of agreements between Congress and the executive and executive agreements concluded under treaties, the nature of the termination may be dictated by the underlying treaty or by the status on which the agreement is based.189 For example, in the case of executive agreements concluded under a treaty, the Senate may make its approval of the underlying treaty conditional on the requirement; that the President does not enter into or terminate executive agreements under the authority of the treaty without the treaty of senator or congress. 190 And in the event of an agreement between Congress and the executive, Congress may prescribe the manner in which termination is made in the statute that approves or implements the agreement.191 Glen S. Krutz and Jeffrey S.