What Is the Difference Between a Treaty & an Executive Agreement?

According to the U.S. State Department, a treaty and an executive agreement are "two procedures under domestic law through which the United States becomes a party to an international agreement."

Treaty

According to the U.S. State Department, international agreements (regardless of their title, designation or form) whose entry into force takes place only after two thirds of the U.S. Senate approves them are called treaties.

Executive Agreement

According to the U.S. State Department, agreements that come into effect without a two-thirds vote of the Senate are called executive agreements.

Both Internationally Binding

"International law regards each mode of international agreement as binding, whatever its designation under domestic law," according to the U.S. Senate.

How Many?

According to the Senate, the U.S. "is currently party to nearly nine hundred treaties and more than five thousand executive agreements."

Why More Agreements Than Treaties?

The U.S. Senate says the growth in executive agreements over treaties is due to a combination of the difficulty in obtaining a two-thirds vote, and "the sheer volume of contacts between the U.S. and other countries."

References

• Treaty vs. Executive Agreement, U.S. State Department
• History of Treaties, U.S. Senate Website