Separation of Powers in Classifying International Agreements.

摘要

While the Constitution empowers the President by and with the Advice and Consent of the Senate, to make treaties provided two thirds of the Senators present concur,' it does not provide that treaties are the exclusive means by which the United States assumes an international commitment Through the use of executive agreements, presidents have concluded a large variety of international commitments without submitting them to the Senate for its advice and consent Executive agreements are frequently identical in scope and cover the same subject matter as treaties Under international law, moreover, no distinction is made between treaties and executive agreements. The international community views both forms of agreement as interchangeable and equally binding.