Sole Executive Agreement Traduction

8 octobre 2021

The use of executive contracts increased significantly after 1939. Before 1940, the U.S. Senate had ratified 800 treaties and presidents had concluded 1200 executive agreements; From 1940 to 1989, during World War II and the Cold War, presidents signed nearly 800 treaties, but negotiated more than 13,000 executive agreements. Executive Agreement, an agreement between the United States and a foreign government that is less formal than a treaty and is not subject to the constitutional requirement of ratification by two-thirds of the U.S. Senate. The United States is currently negotiating the Anti-Counterfeiting Trade Agreement (ACTA) under this procedure[4]. However, at the end of October 2010, 75 law professors criticized this procedure by an open letter, claiming that the executive was exceeding its rights, the sole executive agreement procedure is limited to certain areas where intellectual property is not part[3]. The U.S. Constitution does not explicitly give a president the power to enter into executive agreements.

However, it may be authorized to do so by Congress or it may do so on the basis of the power to manage foreign relations granted to it. Despite the question of the constitutionality of executive agreements, the Supreme Court ruled in 1937 that they have the same force as treaties. As executive agreements are concluded on the authority of the President-in-Office, they do not necessarily bind his successors. As far as we are concerned, Congress has no way of changing an executive agreement. Executive agreements are often used to circumvent the requirements of national constitutions for treaty ratification. Many nations, which are republics with written constitutions, have constitutional requirements for ratifying treaties. The Organization for Security and Cooperation in Europe is based on executive agreements. In the United States, executive agreements are binding internationally when negotiated and concluded under the authority of the president on foreign policy, commander-in-chief of the armed forces, or a previous act of Congress. For example, the President, as Commander-in-Chief, negotiates and enters into Status of Forces Agreements (SOFAs) governing the treatment and disposition of the United States. . . .