What Is Executive Agreements
See e.B. Andrew T. Guzman, Saving Customary International Law, 27 mich. J. Int`l L. 115, 124-28 (2005) (on the discussion of uncertainties related to customary international law). See also Hamdan v. United States, 696 F.3d 1238, 1250 (D.C. Cir. 2012) (Kavanaugh, J.) (“It is often difficult to determine what constitutes customary international law, which defines customary international law and to what extent a norm must be firmly established in order to be considered a customary international norm.”), for unrelated reasons, al Bahlul v. United States, 767 F.3d 1 (D.C. Cir. 2014) (bench).
Initially, most judges and academics were of the view that executive agreements based solely on the power of the president had not become the law of the land under the supremacy clause, since these agreements are not treaties ratified by the Senate.3Footnote, for example, United States v. One Bag of Paradise Feathers, 256 F. 301, 306 (2d Cir. 1919); 1 W. Willoughby, up to 589. The State Department agreed. G. Hackworth, 5 Digest of International Law 426 (1944). However, the Supreme Court found another basis for pre-enacting state laws through executive agreements, ultimately relying on the Constitution transferring power from foreign relations to the national government. An executive agreement is an agreement between the heads of government of two or more countries that has not been ratified by the legislator when the treaties are ratified.
Executive agreements are considered politically binding to distinguish them from legally binding treaties. The Case Zablocki Act of 1972 requires the president to notify the Senate of any executive agreement within 60 days. The Powers of the President to conclude such agreements have not been divided. The notification requirement allowed Congress to vote to cancel an executive agreement or refuse to fund its implementation.   The Supreme Court decision in United States v. .