Formality

Definition

Formality refers to the established procedures, protocols, and legal requirements that govern the negotiation and ratification of treaties and executive agreements between nations. This concept underscores the differences in how these two instruments are created and implemented, with treaties typically requiring greater adherence to constitutional processes and formalities than executive agreements.

5 Must Know Facts For Your Next Test

1. Treaties must undergo a formal negotiation process and require ratification by a two-thirds majority in the Senate, highlighting the higher degree of formality compared to executive agreements.
2. Executive agreements can be made solely by the president and do not require legislative approval, allowing for rapid responses to international situations.
3. Formality can impact the longevity and stability of international agreements; treaties often have more robust enforcement mechanisms due to their binding nature.
4. The use of executive agreements has increased over time, leading to debates about presidential power and the potential bypassing of Congress.
5. While treaties carry more formalities, executive agreements are often used for routine matters, such as trade agreements or military cooperation, reflecting the evolving nature of international relations.

Review Questions

• How does the level of formality differ between treaties and executive agreements, and what implications does this have for U.S. foreign policy?
  • Treaties require a higher level of formality, involving detailed negotiations and Senate ratification, which can slow down the process of establishing international agreements. In contrast, executive agreements allow the president to act swiftly without needing congressional approval. This difference in formality means that while treaties may provide more stability and legal backing, executive agreements enable more flexible and timely responses to foreign policy challenges.
• Evaluate the pros and cons of using executive agreements versus treaties in terms of their formality and impact on international relations.
  • Using executive agreements allows for quick action in international relations since they bypass the lengthy ratification process required for treaties. This can be advantageous during urgent situations where timely decisions are critical. However, the lack of formal legislative oversight may lead to questions about accountability and long-term commitment to agreements. Treaties, with their higher level of formality, tend to ensure a more rigorous examination and debate process but can hinder swift responses in a rapidly changing global landscape.
• Assess the impact of increased reliance on executive agreements on the balance of power between the presidency and Congress regarding foreign policy formulation.
  • The growing reliance on executive agreements has shifted some balance of power towards the presidency in foreign policy formulation. By circumventing the Senate's treaty ratification process, presidents can more readily engage in international commitments, which can enhance their ability to respond to crises or opportunities quickly. However, this shift raises concerns about diminishing legislative oversight and accountability in foreign affairs, potentially undermining democratic principles as Congress plays a reduced role in significant international decisions.

Related terms

Treaty: A formal and legally binding agreement between two or more sovereign states that requires ratification by the participating countries' governing bodies.

Executive Agreement:

A less formal agreement between the U.S. president and another country that does not require Senate approval, allowing for quicker international collaboration.

Senate Ratification:

The constitutional process by which the U.S. Senate approves treaties, requiring a two-thirds majority vote before a treaty can take effect.