B.I. Osminin Procedure of the Conclusion of Treaties and Other International Agreements by the United States of America

Abstract: The article is devoted to the domestic legal procedures governing the conclusion of treaties and other international agreements by the United States. Entering into international obligations can be effected by two means: by conclusion of treaties and of executive agreements. In accordance with the Constitution treaties concluded by the United States require the approval of two–thirds of the senators present. The Senate plays a major role in the treaty–making process requiring amendments, reservations, understandings, declarations as a condition of their approval. The President is not obliged to ratify treaties, but enjoys discretion. U.S. practice also provides certain alternative procedures. The Congress may delegate to the President the authority to conclude executive agreement or such an agreement may be submitted to the Congress for approval (congressional–executive agreements) or be concluded on the basis of an earlier treaty ratified with the advice and consent of the Senate (agreements pursuant to treaties). The President can also conclude executive agreements without any participation of the Congress by virtue of his own constitutional authorities (presidential or sole executive agreements).

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