First of all, it was the view of most judges and scholars, that executive agreements, based solely on presidential power, did not become the „law of the land“ under the supremacy clause, because these agreements are not „treaties“ ratified by the Senate.490 However, the Supreme Court found another basis for compliance with state laws that are anticipated by executive agreements and ultimately relied upon itself on the exercise of the power of the Constitution over the power of external relations within the national government. See z.B. Andrew T. Guzman, Saving Customary International Law, 27 J. Int`l L. 115, 124-28 (2005) (Debate on Uncertainties Related to Customary International Law). See also Hamdan v. United States, 696 F.3d 1238, 1250 (D.C. Cir. 2012) (Kavanaugh, J.) („It is often difficult to determine what constitutes the customary law of the peoples, which defines international customary law, and how firmly a standard must be entrenched in order to be considered a standard of habit of peoples.“) who were repealed for unrelated reasons of Al Bahlul against the United States, 767 F.3d 1 (D.C. Cir. 2014) (in bench).
A treaty is an international agreement established in writing and by international law between two or more sovereign states, whether inscribed in a single instrument or in two or more related acts. Treaties have many names: conventions, agreements, pacts, pacts, charters and statutes, among others. The choice of name has no legal value. Contracts can generally be categorized into one of two main categories: bilateral (between two countries) and multilateral (between three or more countries). In the case of executive agreements, it seems generally accepted that the president, if he has the independent power to enter into an executive agreement, can denounce the agreement independently, without the approval of Congress or the Senate. 187 The same principle would apply to political commitments: to the extent that the President has the authority to make non-binding commitments without the approval of the Senate or Congress, the President may also unilaterally withdraw from those commitments.188 The Case-Zablocki Act of 1972 requires the President to be empowered to make non-binding commitments without the agreement of the Senate or Congress. to inform the Senate within 60 days. one of the executive agreements reached. The president`s powers to conclude such agreements have not been restricted.
The reporting requirement allowed Congress to vote in favor of repealing an executive agreement or to refuse funding for its implementation.   For much of U.S. history, courts231 and U.S. officials232 have understood international law as a binding U.S. national law if there is no executive or legislative oversight. Around 1900, in The Habana Package, the Supreme Court declared that international law „is part of our law““ 233 Although this description may seem simple, developments in the 20th century complicate the relationship between international customary and domestic law.