[Note 390] One authority concluded that of the executive treaties concluded between 1938 and 1957, only 5.9 per cent were based exclusively on the president`s constitutional authority. McLaughlin, The Scope of the Treaty Power in the States-II, 43 Minn. L. Rev. 651, 721 (1959). Another study, which overlapped somewhat, showed that during the period 1946-1972, 88.3% of the agreements of executing were based, at least in part, on legal force; 6.2% were based on contracts, 5.5% solely on executive powers. International Agreements: An Analysis of Executive Regulations and Practices, A Study Prepared for the Senate Committee on Foreign Relations by the Congressional Research Service, 95th Congress., 1st sess. (Comm. Print) (1977), 22. U.S.
post-war diplomacy was strongly influenced by the executive agreements reached in Cairo, Tehran, Yalta and Potsdam. 435 For a time, the formal treaty – the signing of the United Nations Charter and the entry into multinational defence pacts such as NATO, LEATO, CENTRO, etc. – became once again the main instrument of US foreign policy, which quickly became clear in the 1960s, in addition to the contractual agreement or by the President`s initiative. that the nation, in one way or another, was obliged to protect that of the world itself. 436 The agitation in Congress is not much more important than the adoption of a “sense of the Senate” that “national commitments” would be made more solemn in the future than in the past. 437 [note 448] See However United States v. Guy W. Capps, Inc., 204 F. 2d 655 (4. Cir., 1953), the President, Parker J., considering that an executive agreement reached by the President without authorization or ratification by Congress cannot supersede domestic law, which is inconsistent with such an agreement. The Supreme Court upheld it for other reasons and refused to consider the case. 348 U.S.
296 (1955). Executive agreements are often used to circumvent the requirements of national constitutions for treaty ratification. Many nations that are republics with written constitutions have constitutional rules on treaty ratification. The Organization for Security and Cooperation in Europe is based on executive agreements. The term “executive agreement,” which is not widely used outside the United States but has its equivalents abroad, is understood by the State Department to refer in general to any international agreement that enters into force with respect to the United States without the Council and Senate approval, which is required by the Constitution for treaties. In particular, these are three types of agreements: those concluded within the framework or in accordance with an existing contract; subject to congressional approval or implementation (“Executive Agreements of Congress”); and are taken within the framework and respect of the President`s constitutional powers (“single executive arrangements”).