This chapter considers the status in the U.S. legal system of “executive agreements”—that is, international agreements concluded by the United States outside of the senatorial advice and consent process specified in Article II of the Constitution. After describing the substantial growth during the twentieth century in the number of executive agreements, the chapter focuses in particular on congressional-executive agreements and sole executive agreements. It also considers the extent to which executive agreements are interchangeable with Article II treaties for purposes of domestic law, with respect to the preemption of state law, displacement of federal statutes, and federalism limitations. The chapter further discusses the President’s long-standing use of executive agreements for the settlement of international claims. It concludes with a discussion of the growing phenomenon of non-binding “political” or “soft law” agreements.
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
If you think you should have access to this title, please contact your librarian.