Why Would A President Make An Executive Agreement Not A Treaty

Article 43 of the Charter of the United Nations provides: “1. All Members of the United Nations undertake to make available to the Security Council, at its request and in accordance with any agreement, armed forces, assistance and facilities, including the right of passage, in order to contribute to the maintenance of international peace and security, to the extent necessary for the maintenance of international peace and security. 2. Those provisions shall govern the number and type of armed forces, their level of readiness and general location, and the type of facilities and support to be provided. 3. The agreement or agreements shall be negotiated as soon as possible at the initiative of the Security Council. They shall be concluded between the Security Council and the Members or between the Security Council and groups of Members and shall be submitted for ratification by the signatory States in accordance with their respective constitutional procedures. 463 This time, the Senate did not hesitate on the word “agreement.” Dictum in Garamendi recognizes some of the questions that can be raised about Zschernig. .

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