Why Certain Trade Agreements Are Approved as Congressional-Executive Agreements Rather Than as Treaties

Congress authorized the President to negotiate and enter into tariff and nontariff barrier (NTB) agreements for limited periods, while permitting NTB and free trade agreements (FTAs) negotiated under this authority to enter into force for the United States only if they were approved by both houses in a bill enacted into public law and other statutory conditions were met. The President was again granted temporary trade negotiating authority utilizing this approval procedure in the Trade Act of 2002 (P.L. 107-210); the authority applied to trade agreements entered into before July 1, 2007. FTAs with Peru, Colombia, Panama, and South Korea were entered into before this date; H.R. 3688, implementing legislation for the U.S.-Peru agreement, has since passed the House. A federal appellate court held in 2001 that the issue of whether the NAFTA should have been approved as a treaty rather than as a congressional-executive agreement was a nonjusticiable political question; the U.S. Supreme Court denied review in the case.


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#	File Name	Document Date	Order ID:	Number of Pages	Price
1	97-896_01_30_2008.pdf	Nov 19, 2007	97-896	6	$19.95	Add to Cart

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