Executive agreements are often used to circumvent the requirements of national constitutions for treaty ratification. Many nations that are republics with written constitutions have constitutional rules on treaty ratification. The Organization for Security and Cooperation in Europe is based on executive agreements. A treaty is an international agreement established in writing and by international law between two or more sovereign states, whether inscribed in a single instrument or in two or more related acts. Treaties have many names: conventions, agreements, pacts, pacts, charters and statutes, among others. The choice of name has no legal value. Contracts can generally be categorized into one of two main categories: bilateral (between two countries) and multilateral (between three or more countries). 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. As the war in Europe enters its decisive phase, public attention in the United States is increasingly focused on the difficulties that can arise when peace treaties are submitted to the Senate with a request for approval of their ratification. The possibility that many international adaptations could be made after this war by executive agreements and not by formal treaties, which must be approved with two-thirds of the majorities in the House of Lords, has hardly been respected.