How Do Executive Agreements Differ from Treaties

Executive agreements and treaties are both mechanisms used by the United States government to enter into agreements with foreign nations. However, there are some key differences between the two, as outlined below.

Executive agreements are agreements between the US government and a foreign government that are made without the approval of the US Senate. Instead, they are negotiated and approved by the President or his representative. Typically, executive agreements are used to address issues that are less significant than those addressed by treaties. For example, executive agreements might be used to establish trade relationships, address immigration issues, or negotiate military alliances.

Treaties, on the other hand, are formal, written agreements between the US government and one or more foreign governments. Treaties require approval by the US Senate, which must vote by a two-thirds majority to ratify the agreement. They are typically used to address more significant issues than those addressed by executive agreements. For example, treaties might be used to establish international boundaries, promote disarmament, or regulate trade on a global scale.

Another key difference between executive agreements and treaties is that executive agreements are generally less permanent than treaties. Executive agreements can be terminated by the President without Senate approval. This means that they are subject to change as the political climate changes. Treaties, on the other hand, are much harder to dissolve, and require an act of Congress to do so.

In terms of international law, both executive agreements and treaties are considered to be binding agreements between the US government and the foreign government(s) involved. However, treaties are generally considered to be more authoritative than executive agreements, since they require the approval of the Senate.

In conclusion, executive agreements and treaties are both important tools for US foreign policy. While they can be used to address many of the same issues, executive agreements are generally less formal, less permanent, and less authoritative than treaties. As a result, they are often used to address issues that are less significant or urgent. Ultimately, the decision to use an executive agreement or a treaty will depend on the specific circumstances of the agreement, as well as the priorities of the US government at that time.