The use of executive contracts increased significantly after 1939. Before 1940, the U.S. Senate had ratified 800 treaties and presidents had concluded 1200 executive agreements; From 1940 to 1989, during World War II and the Cold War, presidents signed nearly 800 treaties, but negotiated more than 13,000 executive agreements. The Supreme Court of the United States, in united states v. Pink (1942), considered that international executive agreements that have been concluded in force have the same legal status as treaties and do not require the approval of the Senate. In Reid v. Covert (1957), while reaffirming the President`s ability to enter into executive agreements, he decided that such agreements could not be contrary to federal law or the Constitution in force. The Case Zablocki Act of 1972 requires the president to inform the Senate of any executive agreement within 60 days. Executive agreements are often used to circumvent the requirements of national constitutions for treaty ratification.

Many nations, which are republics with written constitutions, have constitutional requirements for ratifying treaties. The Organization for Security and Cooperation in Europe is based on executive agreements. . . . .