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United States: Memoranda on the Middle East Agreements*

Published online by Cambridge University Press:  04 April 2017

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Type
Other Documents
Information
International Legal Materials , Volume 15 , Issue 1 , January 1976 , pp. 187 - 198
Copyright
Copyright © American Society of International Law 1976

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Footnotes

*

[The agreements discussed in the memoranda are the four appearing at 14 I.L.M. 1468 (1975).

[The earlier memoranda of the Senate Legislative Counsel and the Department of State Legal Adviser appear at 14 I.L.M. 1585 (1975).]

References

** [Reproduced from United States Congressional Record, 94th Cong., 1st Sess., Vol. 121, No. 170 (November 14, 1975), pp. S 20106-08.]

[The position of the Department of State Assistant Legal Adviser appears at I.L.M. page 190.]

* Former Senator Sam Ervln went further. He said: To my mind It is inconceivable that the Founding Fathers would have taken the trouble to spell out In article H, section 2. exactly Bow a treaty should be made—to require that It be submitted to the Senate for ratification or rejection, and to require twothirds of the Senate to vote favorably before it would become effective—and at the same time to have an inherent power In a President, one man, to make an agreement with a foreign nation wlthput any formality and not consulting with anybody but himself. “Congressional Oversight of Executive Agreements” supra at 65-66.

* [Reproduced from the text provided to International Legal Materials by the Department of State.]

[The memorandum of the Senate Legislative Counsel appears at I.L.M. page 187. The memorandum of the Department of State Legal Adviser of October 6, 1975, appears at 14 I.L.M. 1593 (1975).

* McClure states that the executive agreement was “converted into a treaty” by the Senate action. But this view has not been accepted and it has been listed and viewed as an executive agreement for all purposes. Three agreements amounting to interpretations of the 1817 Agreement were concluded with Canada in 1939, 1940, and 1946 respectively (see TIAS 1836). All three were executive agreements.