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entered into force for it. It was developed to address the need to codify the rules applicable to treaties and enhance the stability of the treaty regime following the Second World War. Under the Vienna Convention a treaty is defined as an international agreement between nation states, in written form, intended to be binding and governed by international law. The basic premise of treaty law is that treaties are binding upon their parties and must be per- formed by them in good faith. ~re is .E~ international treaty police; dis utes are generally settled through negotiation. The key at under- scores all treaty ng ts and obligations is that just about anything is possible as long as both parties agree. In U.s. practice there is a distinction between treaties and executive agreements; however, under internationallaw.g!! international a~e- ments are considered treaties. In the U.S., ., ---.------------->-~.. treaties, such as the '44 Water Treaty, are those agreements requiring the advice and consent of the Senate. Executive agreements, are those agreements concluded under the executive power of the President as granted under the Constitution, or concluded pursuant to existing or subsequent legislation, or authorized by existing treaties. The President ma conclude an international agreement on any subject within -- - --- his constitutIonal authori so Ion as the . -- -~-'"-=-"~-~------ agreement is~~ inconsistent.~itI:Congres- sional Iegwation.- - ~-. ..... --- . -- - -- ..--- .~~ . _/ A number of factors are considered when determining whether a particular agreement should be entered into for the United States as a treaty or executive agreement, such as the extent the commitments effect the nation as a whole, whether the agreement affects state laws, whether the agreement requires subsequent Congressional legislation, past U.S. practice, preferences of the Congress, degree of formality, duration, and general international practice. Notwithstanding any other provision of U.S. law, conclusion of an international requires consultation with the Secretary of State. This legal requirement is implemented by what has ~~~.--\ 002246 1?~wn as the CirculaL1l5R~~e~~~. It allows for a coordinated review of the proposed agreement, ensures that all international agree- ments are fully consistent with U.S. foreign policy objectives. It determines when it is necessary or appropriate to have consultations with the Congress and whether the public should be given the opportunity to comment. It also provides for a thorough legal review to examine whether there is sufficient extant legal authority for the United States to enter into a proposed agreement and execute its terms and conditions. The Office of the Legal Adviser determines whether an arrangement constitutes a legally binding international agreement. For it to be legally binding there must be two or more parties to the agreement and each party must be a nation state or a federal government agency. The parties must intend that it be legally binding and governed by international law, as usually indicated by the specific language used. The significance must be such that it rises to the level of an international agreement. For example, the sale of one map to a foreign nation would not be considered an international agreement. How- ever, an agreement to do mapping of a particular region, over a prolonged period of time, could be considered an international agreement. The language must reflect a certain level of specific- ity, including objective criteria for determining enforceability of performance. All IBWC minutes are subject to this review process, at which time a determination is made as to whether the proposed minutes contain commitments clearly contemplated within the existing treaty structure, or whether they go beyond the scope of existing treaties and there- fore constitute free-standing international agreements, such as those that govern wastewa- ter treatment plants on the border or Minute 242 - the salinity Minute. IBWC Minutes are not c;onsidered amendments to the 194!Waters ~..._---_._- Treaty; any amendment of the treaty, Le. a modification of existing rights and obligations, would require that that agreement be submitted to the United States Senate for its advice and COLORADO RIvER DELTA BI-NATIONAL SYMPOSIUM PROCEEDINGS ENGLISH 23