Comparison of Treaty and Executive Agreement
Treaties and executive agreements are two types of international agreements that the United States government may use to conduct foreign policy. Although they are similar in nature, there are important differences between the two.
A treaty is a formal agreement between two or more countries. It is negotiated by the executive branch of the US government, usually the president, and then submitted to the Senate for approval. The Senate must approve the treaty by a two-thirds vote before it can be ratified.
On the other hand, an executive agreement is an agreement between the United States and another country that is not subject to Senate approval. Instead, it is negotiated and concluded by the executive branch of the US government, usually the president, on behalf of the United States.
One of the main differences between treaties and executive agreements is their legal status. Because treaties are approved by the Senate, they have the same legal status as federal statutes. This means that they are binding on all branches of the federal government and on the states, and can be enforced in US courts.
On the other hand, executive agreements do not have the same legal status as treaties. They are not necessarily binding on future administrations, and they may not be enforceable in US courts. However, they can be used to implement many aspects of foreign policy without the need for Senate approval, which can be a lengthy and difficult process.
Another difference between treaties and executive agreements is their scope. Treaties are typically used for broad, sweeping agreements between countries, such as arms control agreements or trade agreements. Executive agreements, on the other hand, are often used for more specific or limited agreements, such as agreements on military cooperation or extradition of criminals.
In conclusion, the main difference between treaties and executive agreements is the level of approval required for them to become binding. Treaties must be approved by the Senate, while executive agreements do not require Senate approval. Additionally, treaties have a higher legal status than executive agreements, but executive agreements can be more useful for implementing specific aspects of foreign policy.