International Organizations – The overlap of contractual arrangements through congressional and executive cooperation in international agreements is also demonstrated by the use of resolutions authorizing U.S. membership in international organizations.408 and participation in international conventions. 409 The Litvinov Agreement – The Executive Agreement acquired its modern development as a foreign policy instrument under President Franklin D. Roosevelt and sometimes threatened to replace contractual power not formally, but in fact as a determining element in the field of foreign policy. The first important use of the executive agreement by the president took the form of an exchange of notes with Maxim M. Litvinov, the commissioner for foreign affairs of the USSR, with American recognition extended to the Soviet Union and certain commitments made by each official. 431 [Fn. 391] “The distinction between `executive agreements` and `treaties` is purely constitutional and has no international significance. Harvard Research in International Law, Draft Convention on the Law of Treaties, 29 Amer. J.

Int. L. 697 (Supp.) (1935). See E. Byrd, A.O.A., No. 292, 148-151. Many scientists have aggressively encouraged the use of executive agreements, unlike treaties, as a means of strengthening the role of the United States, especially the role of the president, in the international system. See McDougal & Lans, Treaties and Congressional Executive or Presidential Agreements: Interchangeable Instruments of National Policy (Pts I and II), 54 Yale L. J. 181, 534 (1945). In recent years, the growth in executive agreements is also explained by the volume of business between the United States and other countries, combined with the already high workload of the Senate.

Many international agreements are relatively small and would unnecessarily burden the Senate if they were subject to deliberations and approvals in the form of treaties. Another factor has been the adoption of laws authorizing the executive to conclude international agreements in certain areas such as external aid, agriculture and trade. Contracts have also been adopted authorizing other agreements between the parties. According to a 1984 study by the Senate Committee on Foreign Relations, “88.3% of international agreements concluded between 1946 and 1972 were based, at least in part, on legal powers; 6.2 per cent were contracts and 5.5 per cent were based exclusively on the executive branch. Most of the treaties submitted to the Senate have received council and approval from the Senate for ratification. In the first 200 years, the Senate approved more than 1,500 contracts and rejected only 21.