Agreement Between Heads Of State

Many types of executive agreements form the ordinary daily life of the diplomatic mill. These include . B for minor territorial adjustments, border corrections, border surveillance, regulation of fishing rights, requests for private money against another government or its nationals, “simple private rights of sovereignty.” 467 Crandall lists a large number of such agreements with other governments with the president`s permission468. In addition, there are diplomatic arrangements as old as the `protocol`, which marks a step in the negotiation of a treaty, and the modus vivendi, which is to serve as a temporary substitute for a contract. Executive agreements are of constitutional importance if they are a determining factor for the future foreign policy and, therefore, for the fate of the country. Because of our participation in the Second World War and our immersion in the conditions of international tensions that prevailed before and after the war, the presidents made agreements with other governments, some of which moved closer to temporary alliances. However, it cannot be rightly said that they acted without significant support from precedents. One might think that an opportunity to determine which of the powers of the head of state should be used at his sole discretion might be to examine the wording of the various constitutions. If there is a reference as “governor general in the Council” with certain powers, it is clear that the Governor General is reacting to the Council, that is, the decisions of the Privy Council, that is, the cabinet. However, in all written constitutions, there are certain powers that seem to be entrusted exclusively to the Governor General or the Governor. The authors of important work on the Australian Constitution have pointed out that the distinction between these two classes of powers and functions is historical and technical and not practical or substantial.