Under international law, a treaty is any legally binding agreement between nations. In the United States, the word treaty is reserved for an agreement that is made by and with the Advice and Consent of the Senate (Article II, Section 2, Clause 2 of the Constitution). International agreements not submitted to the Senate are known as executive agreements in the United States, but they are considered treaties and therefore binding under international law. For various reasons, Presidents have increasingly concluded executive agreements. Many agreements are previously authorized or specifically approved by legislation, and such congressional executive or statutory agreements have been treated almost interchangeably with treaties in several important court cases. Others, often referred to as sole executive agreements, are made pursuant to inherent powers claimed by the President under Article II of the Constitution. Neither the Senate nor the Congress as a whole is involved in concluding sole executive agreements, and their status in domestic law is not fully resolved. The three classifications are not mutually exclusive: A treaty may require a simple majority in Congress before or after it is signed by the President or may grant the President authority to fill in the gaps with executive agreements, rather than additional treaties or protocols.
Under international law, a treaty is any legally binding agreement between nations. In the United States, the word treaty is reserved for an agreement that is made by and with the Advice and Consent of the Senate (Article II, Section 2, Clause 2 of the Constitution). International agreements not submitted to the Senate are known as executive agreements in the United States, but they are considered treaties and therefore binding under international law. For various reasons, Presidents have increasingly concluded !executive agreements. Many agreements are previously authorized or specifically approved by legislation, and such congressional executive or statutory agreements have been ?treated almost interchangeably with treaties in several important court cases. Others, often referred to as sole executive agreements, are made pursuant to inherent powers claimed by the President under Article II of the Constitution. Neither the Senate nor the Congress as a whole is involved in concluding sole executive agreements, and their status in domestic law is not fully resolved. The three classifications are not mutually exclusive: A treaty may require a simple majority in Congress before or after it is signed by the President or may grant the President authority to fill in the gaps w!ith executive agreements, rather than additional treaties or protocols.