How Are Executive Agreements Created

By December 10, 2020Uncategorized

[Note 391] “The distinction between `executive agreements` and `treaties` is purely constitutional and has no international significance. Harvard Research in International Law, Draft Convention on the Law of Treaty of Treaty, 29 Amer. J. Int. L. 697 (Supp.) (1935). See E. Byrd, Op. cit., 292, 148-151.

Many scientists have been aggressive in favour of the implementation of executive agreements, unlike treaties, in order to strengthen the role of the United States, particularly the role of the president, in the international system. See McDougal – Lans, Congressional Executive or Presidential Agreements: Interchangeable Instruments of National Policy (Pts. I – II), 54 Yale L. J. 181, 534 (1945). The Hull-Lothian Agreement .-With the fall of France in June 1940, President Roosevelt entered into two executive agreements this summer whose overall effect was to transform the role of the United States from strict neutrality in relation to European war to that of the semi-wars. The first agreement was with Canada and provided for the creation of a permanent joint defence commission that would take into account “more broadly the defence of the northern half of the Western Hemisphere.” 432 Second, and more important than the first, the Hull-Lothian Agreement of 2 September 1940, under which the United States, in exchange for leasing certain sites for british West Atlantic naval bases, handed over fifty obsolete destroyers to the British government, which had been recycled and returned to service. 433 And on 9 April 1941, the Ministry of Foreign Affairs, taking into account the German occupation of Denmark, concluded an executive agreement with the Danish Min ister in Washington, in which the United States acquired the right to occupy Greenland for defence purposes. 434 arbitration agreements .-In 1904-1905, Secretary of State John Hay negotiated a number of contracts providing for the general arbitration of international disputes. Article II of the Treaty with Great Britain provides, for example, that “in each particular case, the High Contracting Parties enter into a specific agreement before being called before the Permanent Court of Arbitration, clearly specifying the issue and the extent of the powers of the arbitrators and setting the deadlines for the formation of the arbitration tribunal and the various stages of the proceedings.” 410 The Senate approved the British treaty by a constitutional majority, after first amended it by “agreement” by imposing the word “treaty.” President Theodore Roosevelt, who called “ratification” a rejection, sent the treaties to the archives. “According to Dr.

McClure, the compromises in which disputes have been negotiated include contracts and executive agreements in good numbers,” 411 a statement supported by Willoughby and Moore.