International Agreements (Part I): Overview and Agreement-Making Process (CRS Report for Congress)
| Release Date |
Sept. 29, 2023 |
| Report Number |
LSB11048 |
| Report Type |
Legal Sidebar |
| Authors |
Stephen P. Mulligan |
| Source Agency |
Congressional Research Service |
Summary:
This Legal Sidebar is the first in a three-part series on international agreements and their relationship with
the U.S. legal system. The Constitution vests the power to make treaties with the President acting “by and
with the advice and consent of the Senate,” but the United States does not make most international
commitments through this constitutionally defined process. The President regularly concludes executive
agreements and non-binding instruments, which are not mentioned in the Constitution and are not
submitted to the Senate for advice and consent. This Sidebar introduces the primary forms of international
instruments and depicts the processes to enter into them. Part II examines options for Congress to
influence international instruments, and Part III addresses legislative measures that provide transparency
into the United States’ international obligations. For additional information on these topics, see
International Law and Agreements: Their Effect upon U.S. Law.
