What are the differences between an executive agreement and a treaty in international litigation?

Executive agreements and treaties are both legal agreements between two or more countries and can be used in international litigation. The primary difference between the two is that one is formulated through the executive branch of the government and the other is formulated by Congress. Executive agreements are agreements that are made between two or more countries that are formulated by the executive branch of the government. They are usually made to address a specific issue and are not binding in international law. These agreements only bind the countries that are involved in the agreement and do not require congressional approval. Treaties, on the other hand, are international agreements that are formed by the legislative branch of the government. These agreements have legal standing and are binding in international law. Treaties must be approved by the president with the advice and consent of two-thirds of the U.S. Senate. This makes treaties more difficult to pass as compared to executive agreements. Additionally, treaties usually address larger issues or influence the actions of multiple countries. In Delaware, the primary difference between executive agreements and treaties in international litigation is their origin and legal standing. Executive agreements are formed through the executive branch of the government and are not international law, while treaties are formed by the legislature and are binding in international law.

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What are the differences between an executive agreement and a treaty in international litigation?

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