An executive agreement is an agreement between heads of government of two or more nations that has not been ratified by the legislature, since the treaties are ratified. Executive agreements are considered politically binding to distinguish them from legally binding contracts. Note: An executive agreement does not have the same weight as a treaty, unless it is supported by a joint resolution. Unlike a treaty, an executive agreement may succeed an adversarial state law, but not a federal law. The Court adopted these principles five years later in the “Usa” / 7Footnote315 U.S. 203 (1942) cases. Another case concerns the attribution of Litvinov and the recognition of the Soviet government. The question was whether the United States had the right to recover the assets of the New York branch of a Russian insurance company. The company argued that the Soviet government`s forfeiture decrees did not apply to its property in New York and could not apply in contradiction to the U.S. and New York Constitutions. The court, which was decided by Justice Douglas, brushed aside these arguments.
An official statement from the Russian government itself resolved the issue of the extraterritorial operation of the Russian nationalization decree and was binding on the US courts. The power to remove such obstacles to the full recognition of the claims of our nationals was a modest tacit power of the President, who is “the only organ of the federal government in the field of international relations.” It was the verdict of the political department that the full recognition of the Soviet government required the resolution of outstanding problems, including the claims of our nationals. We would take over the executive function if we felt that the court decision was not final and conclusive. 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. To discuss the power of Congress to influence international agreements, international law and U.S. foreign relations through its political powers, such as surveillance and means powers, see Henkin, supra note 22, at 81-82.
The Case-Zablocki Act of 1972 requires the President to notify the Senate within 60 days of an executive agreement. The president`s powers to conclude such agreements have not been restricted. The reporting requirement allowed Congress to vote in favor of repealing an executive agreement or to refuse funding for its implementation.   In the analysis of an international agreement for its domestic application, the U.S. courts have the ultimate authority 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.164 165 When an agreement stipulates that it must be concluded in several languages, the Supreme Court has analyzed language versions to facilitate understanding of 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 extratext documents, 168,169 and practices that have followed the ratification of other nations. The Court cautioned, however, that consultation with sources outside the treaty text may not be appropriate if the text is clear.171 Dictum in Garamendi acknowledges some of the issues that may be raised.