Posted on December 8, 2020 in
Written by: David B. Honig
In the United States, executive agreements are binding at the international level when negotiated and concluded under the authority of the President on foreign policy, as commander-in-chief of the armed forces or from a previous congressional record. For example, the President, as Commander-in-Chief, negotiates and concludes Armed Forces Agreements (SOFAs) that govern the treatment and disposition of U.S. forces deployed in other nations. However, the President cannot unilaterally enter into executive agreements on matters that are not in his constitutional jurisdiction. In such cases, an agreement should take the form of an agreement between Congress and the executive branch or a contract with the Council and the approval of the Senate.  In the case of treaty agreements between Congress and the executive branch and executive agreements, the nature of the termination may be dictated by the underlying contract or by the underlying status on which the agreement is based.189 In the case of contractually concluded executive agreements, the Senate may submit its approval to the underlying contract to the requirement that the President not be allowed to cede or terminate executive agreements under the authority of the treaty without the approval of the Senate or Congress.10 For congressional approval In the case of executive agreements, it seems generally accepted that the president, if he has independent power to enter into an executive agreement, can terminate the contract independently without the approval of Congress or the Senate, if the president has independent power to enter into an executive agreement. 186 Thus, observers seem to agree that if the Constitution gives the President the power to enter into exclusive executive agreements, the President may also unilaterally denounce these agreements.187 The same principle would apply to political commitments: to the extent that the President is empowered to make non-binding commitments without the approval of the Senate or Congress, the President may also unilaterally withdraw from these commitments.188 “No state can rewrite our foreign policy. to adapt its own policy. Power over foreign affairs is not shared by states; it is entrusted exclusively to the national government.