International Agreement That Requires Senate Approval

Most of the treaties submitted to the Senate received the advice of the Senate and approved ratification. In the first 200 years, the Senate approved more than 1,500 contracts and rejected only 21. Some of them, including the Treaty of Versaille, were rejected twice. Most of the time, the Senate simply did not vote on contracts that its management considered insufficient in the Senate to get approval, and in general, those contracts were eventually withdrawn. At least 85 contracts were eventually withdrawn because the Senate had never taken any definitive action against them. Contracts can also remain on the Senate Committee on Foreign Relations for a long time, as treaties must not be res submitted at the beginning of each new congress. There have been cases where contracts have been dormant in committee for years, if not decades, without action being taken. In part because the powers of Congress and the president have been widely interpreted, most of the agreements proposed as treaties could have been proposed as executive agreements of Congress. That`s why the U.S. government has often chosen to use congressional executive agreements over treaties for controversial agreements that are unlikely to get the super-majority required in the Senate. The 1992 North American Free Trade Agreement (NAFTA) and the agreement by which the United States became members of the World Trade Organization (WTO) in 1995 are examples of controversial proposals that are dealt with in the form of agreements between Congress and the executive branch. In the United States, executive agreements are made exclusively by the President of the United States. They are one of three mechanisms through which the United States makes binding international commitments.

Some authors view executive agreements as treaties of international law because they bind both the United States and another sovereign state. However, under U.S. constitutional law, executive agreements are not considered treaties within the meaning of the contractual clause of the U.S. Constitution, which requires the Council and the approval of two-thirds of the Senate to be considered a treaty. International organizations. The overlapping of contracting power through cooperation between Congress and the executive branch in international agreements is also demonstrated by the application of resolutions approving U.S. membership in international organizations458 and participation in international conventions .459 The United Nations Participation Act of 20 December 1945 implements these provisions as follows: « The President is authorized to negotiate a special agreement or agreement with the Security Council which is subject to approval of Congress by a joint law or resolution. providing for the number and nature of the armed forces, their degree of availability and general location, as well as the nature of the facilities and aid, including transit rights, which are made available to the Security Council at its request for the maintenance of international peace and security, in accordance with Article 43 of this Charter.