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Chapter Summary

"Domestically, treaties to which the United States is a party are equivalent in status to Federal legislation, forming part of what the Constitution calls 'the supreme Law of the Land'. Under United States law, however, there is a distinction made between the terms treaty and executive agreement. "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'. International agreements not submitted to the Senate are known as 'executive agreements' in the United States". Generally, a treaty is a binding international agreement and an executive agreement applies in domestic law only. The US Department of State provides the Foreign Service with detailed instructions for the negotiation and conclusion of treaties and international agreements. These instructions are part of the Foreign Affairs Manual, Circular 175.

Keywords: Federal legislation; Foreign Affairs Manual; United States

10.1163/9789004272224_034
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