What is the difference between an executive agreement and an executive order?

  • Is there a difference between Executive agreements and executive orders?

    Please provide an example of the things you are asking about, or possibly tag the question with the appropriate country if there is a specific one in mind.

  • An executive order (in a generic sense) would be an order by the executive of a country to be carried out within that country. Specifically, it is an order by the President of the United States to those offices under the control of the executive branch of the United States (such as the Border Patrol). Examples include President Trump's order to postpone immigration or President Obama's order to restrict enforcement of immigration law.

    An executive agreement is an agreement with the executive of another country, such as the Iran nuclear deal.

    Executive agreement

    An executive agreement[1] is an agreement between the heads of government of two or more nations that has not been ratified by the legislature as treaties are ratified. Executive agreements are considered politically binding to distinguish them from treaties which are legally binding. An executive agreement is one of three mechanisms by which the United States enters into binding international agreements. They are considered treaties by some authors as the term is used under international law in that they bind both the United States and a foreign sovereign state. However, they are not considered treaties as the term is used under United States Constitutional law, because the United States Constitution's treaty procedure requires the advice and consent of two-thirds of the Senate, and these agreements are made solely by the President of the United States. Some other nations have similar provisions with regard to the ratification of treaties.

    Executive order

    Executive orders are issued by United States presidents and directed towards officers and agencies of the Federal government of the United States. Executive orders have the full force of law when based on the authority derived from statute or the Constitution itself. The ability to make such orders is also based on express or implied Acts of Congress that delegate to the President some degree of discretionary power (delegated legislation).[1]

    An EO is not an order by the executive of a country, it is an order by the president of the US. It is a specific US legal term that is more specific than just 'some head of some country making some order'. Same applies to an EA. Otherwise great answer, +1.

    @DavidGrinberg I modified it to show the specific meaning. A different country **could** use it in the same sense.

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Content dated before 7/24/2021 11:53 AM

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