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

Trade agreements such asthe NAFTA and the GATT Uruguay Round agreements have been approved by majority vote of each House of Congress rather than by twothirds vote of the Senate — that is, they have been treated as congressional-executive agreements rather than astreaties. The congressional-executive agreement has been the vehicle for implementingCongress' long-standing policy ofseeking trade benefitsfor the United States through reciprocal trade negotiations. In a succession of statutes, Congress has authorized the President to negotiate and enter into tariff and nontariff barrier (NTB) agreements for limited periods, while mandating that NTB and free trade area agreements negotiated under this authority could enter into force for the United States only if approved by both Houses in a bill enacted into public law and other statutory conditions were met