Executive Agreement By

In analyzing an international agreement for its domestic application, U.S. courts have the ultimate power to interpret the importance of the agreement.163 In general, the Supreme Court has stated that its purpose in interpreting an agreement is to recognize the intent of the contracting nations.164 The interpretation process begins with a review of the text of the [memorandum] and context. in which written words are used. 165 While an agreement stipulates that it must be concluded in several languages, the Supreme Court has analyzed language versions to help understand the terms of the agreement.166 The Court also considers the broader “purpose and purpose” of an international agreement.167 In some cases, the Supreme Court has cautioned extratextual documents, such as the development of history. .168 the views of the other contracting states.168,169 and practices after the ratification of other nations.170 The Court warned against this practice. 171 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. Some foreign relations experts have recently argued that the practice of the international agreement has developed so that some modern executive agreements no longer fit into the three generally accepted categories of executive agreements69. who argue for a new form of executive agreement arguing that it is not necessary to determine a specific authorisation status or constitutional power if the President already has the national power to implement the executive agreement; The agreement does not require any changes to national legislation; 71 Opponents of this proposed new paradigm of the executive agreement argue that it is not compatible with the principles of separation of powers, which they believe require the President to authorize the conclusion of international agreements either by the Constitution, by a ratified treaty or by an act of Congress.