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Duration of Executive Agreements

Published online by Cambridge University Press:  28 March 2017

O. J. Lissitzyn
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Type
Editorial Comment
Information
American Journal of International Law , Volume 54 , Issue 4 , October 1960 , pp. 869 - 873
Copyright
Copyright © American Society of International Law 1960

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References

1 42 Dept. of State Bulletin 547, at 548 (1960).

2 Joint Declaration on Tests, March 29, 1960. Ibid. 587-588 (1960).

3 New York Times, March 31, 1960, p. 14.

4 42 Dept. of State Bulletin 641, at 646 (1960).

5 See, in general, McClure, International Executive Agreements (1941); McDougal and Lans, “Treaties and Congressional-Executive or Presidential Agreements, Interchangeable Instruments of National Policy,” 54 Yale Law Journal 181 and 534 (1945); J. F. Dulles, Address before the American Bar Association, Boston, August 26, 1953, 29 Dept. of State Bulletin 307, at 308-309 (1953).

6 Under Secretary of State to the Secretary of Defense, Jan. 17, 1950. U.S. Department of State, The Law of Treaties As Applied by the Government of the United States of America 224 (mimeographed, March 31, 1950).

7 Executive Agreement Series 145.

8 Executive Agreement Series 159; see also the Air Transport Agreement with France of July 15, 1939 (Executive Agreement Series 153), which was terminable on two years’ notice. The practice of making executive agreements on air transport is recognized, but not specifically authorized, by statute. See Lissitzyn, “The Legal Status of Executive Agreements on Air Transportation,” 17 Journal of Air Law and Commerce 436 (1950) and 18 ibid. 12 (1951).

9 Executive Agreement Series 181 and 235.

10 McClure, op. cit. note 5 above, pp. 71-72 and sources there cited.

11 Malloy, Treaties, Conventions, etc. 716-717 (1910).

12 Watts v. United States, 1 Wash. Terr. (N.S.) 288 (1870).

13 1 Malloy, op. cit. 1144, 1145, 1157, 1158, 1162, 1170, 1171, 1177.

14 Ibid. 1158.

15 Ibid. 1171.

16 Ibid. 1177.

17 4 Trenwith, Treaties, Conventions, etc. 4639-4640 (1938).

18 U.S. Department of State, Press Releases, Weekly Issue No. 168, Dec. 17, 1932, p. 433.

19 U.S. Department of State, Treaties in Force … on January 1, 1960, p . 123.

20 2 U.S. Foreign Relations (1929) 882-884.

21 Colombian Airlines, Air Carrier Permits, 7 C.A.B. 149 (1946). In 1959 the Board, in a decision approved by the President, held binding the “Bermuda” Air Services Agreement with the United Kingdom of Feb. 11, 1946 (T.I.A.8., No. 1507), British Overseas Airways Corporation, C.A.B., Orders, No. E-14332 (1959). For some other decisions of the Board recognizing the validity of various executive agreements on air transportation, see Lissitzyn, loo. cit. note 8 above.

22 3 U.S. Treaties 4838.

23 7 ibid. 275. Cf. the amendment of the “Bermuda” Air Services Agreement with the United Kingdom, concluded on Oct. 30, 1956, 7 U.S. Treaties 2934. The “Bermuda” Agreement of February 11, 1946 (T.I.A.S., No. 1507) is terminable on twelve months’ notice.

24 See, e.g., the 1924 most-favored-nation agreements with the Dominican Republic and Guatemala, 4 Trenwith, op. cit. note 17 above, pp. 4088 and 4298; Air Navigation Agreement with Germany, 1932, Executive Agreement Series 38; Air Navigation Agreement with the Irish Free State, 1937, Executive Agreement Series 110.

25 It is well to remember that the rights of the United States in Berlin rest largely on executive agreements concluded by previous Administrations.