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Difference Between Treaty and Executive Agreement

Treaty vs Executive Agreement

Treaties and executive agreements are tools under domestic laws. These procedures allow the U.S. to emerge as a party in an international agreement.

Treaty
Treaties are international agreements which are described under Article II, Section 2, Clause 2 of the Constitution. A treaty is forced in relation to the U.S. as an international agreement only after a two-thirds majority of the U.S. Senate has been advised and consented.
These agreements are in relation to peace or trade-related foreign policies. The treaties are international agreements and are equally binding under domestic laws. A treaty is a formal agreement made by the President of the U.S. It is carried over to the successive officeholders.
According to current statistics, the U.S. is party to about 900 treaties. This number is much less than the number of executive agreements. One reason for this difference may be the mandatory two-thirds vote required which is applicable for a treaty. Another probable reason is the contacts and relations of the U.S. with foreign countries.

Executive agreement
The international agreements which are brought to force in relation to the U.S. without the advice and consent of the Senate on a Constitutional basis are called executive agreements. They are often referred to as “international agreements other than treaties.” An executive agreement does not require a mandatory two-thirds vote of the U.S. Senate.
The executive agreements are international agreements and are binding under the domestic laws very similar to treaties. An executive agreement is also an international agreement, but it is not as formal as a treaty. They are not binding on the successive presidents. An executive agreement needs renegotiation by the successive presidents.
Executive agreements are of two types:

Congressional agreement

This is the most common type of executive agreement. The Congressional agreement requires approval by the Senate and the House of Representatives. This procedure is taken when a two-thirds vote in the Senate seems unlikely.

Sole agreement

A sole agreement does not involve the Senate and is signed by the President.
At present, the U.S. is party to at least 5,000 executive agreements. They account for about 90% of all the international agreements signed by the U.S.
Summary:

1.A treaty requires a two-thirds vote in the Senate while an executive agreement does not.
2.A treaty is a formal agreement while an executive agreement is not as formal as a treaty.
3.A treaty is carried on to the successive Presidents while an executive agreement has to be renegotiated every time.
4.An executive agreement is of two types while a treaty is not.
5.A President may invoke an executive agreement but not a treaty.
6.There are many more executive agreements as compared to treaties.


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