In the United States, executive agreements are made exclusively by the President of the United States. They are one of three mechanisms through which the United States makes binding international commitments. Some authors view executive agreements as treaties of international law because they bind both the United States and another sovereign state. However, under U.S. constitutional law, executive agreements are not considered treaties within the meaning of the contractual clause of the U.S. Constitution, which requires the Council and the approval of two-thirds of the Senate to be considered a treaty. During this period, John Hay, as McKinley`s Foreign Minister, initiated his “open door” policy with notes to Britain, Germany and Russia, which were quickly followed by notes similar to those of France, Italy and Japan. They essentially asked the beneficiaries to formally declare that they would not seek to expand their respective interests in China at the expense of one of the others; and all responded positively.477 Then, in 1905, the first Roosevelt to reach a diplomatic agreement with Japan initiated an exchange of views between the then Minister of War Taft in the Far East and Count Katsura, who amounted to a secret treaty by which the Roosevelt administration committed to establishing a military protectorate in Korea by Japan.478 Three years later Three years later , Foreign Minister Root and the Japanese Ambassador to Washington concluded the root-Takahira 479 agreement Meanwhile, in 1907, through a “gentleman`s agreement”, Mikado`s government had agreed to stem the emigration of Japanese subsectors to the United States and thus relieve the Washington government of the need to take measures that would have cost Japan the loss. The end result of this series of executive agreements affecting U.S. relations in the Far East and the Far East was the result of President Wilson`s diplomacy.
It was the Lansing Ishii agreement, enshrined in an exchange of letters of November 2, 1917, in which the United States recognized Japan`s “special interests” in China and Japan approved the open door principle in that country.480 What kind of commitment does the president impose on the United States? It is clear that it can impose international obligations with potentially serious consequences, and it is equally clear that these obligations can be extended over a long period of time.488 The nature of national obligations imposed by executive agreements is not so obvious. Do contracts and executive agreements have the same impact on domestic policy?489 contracts pre-exist state law by applying the supremacy clause.