Zschernig had been asleep for some time and, although it was recently examined by the Court of Justice, it remains the only holding company in which the Court has used dormant foreign policy power to make state law too low. In the 1990s, there was renewed academic interest in Zschernig, when some national and local governments sought ways to express dissatisfaction with foreign governments` human rights policy or to restrict trade with non-favoured countries.20 Christmas Signs. B, Michael D. Ramsey, The Power of the States in Foreign Affairs: The Original Understanding of Foreign Policy Federalism, 75 Notre Dame L. Rev. 341 (1999) ; Carlos Manuel Vazquez, Whither Zschernig?, 46 Vill. L. Rev. 1259 (2001); Jack L.
Goldsmith, Federal Courts, Foreign Affairs and Federalism, 83 Va. L. Rev. 1617 (1997); Peter J. Spiro, Foreign Relations Federalism, 70 U. Colo. L. Rev. 1223 (1999). See also Louis Henkin, Foreign Affairs and the Constitution 149-69 (2d ed. 1996). In 1999, the court repealed the Massachusetts Burmese Sanctions Act on the basis of the legal pre-emption situation and refused to consider the alternative holding of the Court of Appeal used by Zschernig.21Foot-Crosby/National Foreign Trade Council, 530 U.S.
363, 374 n.8 (2000). For the application of the Zschernig Court of Appeal, see National Council of Foreign Trade v. Natsios, 181 F.3d 38, 49:61 (1st cir. 1999). Similarly, in 2003, the court found that the California Victim Insurance Relief Act had been anticipated as an interference with the foreign policy of the Confederation, which is reflected in the executive agreements, and although the court had discussed Zschernig at length, it did not consider it necessary to resolve issues related to its scope22Foot-NoteAmerican Ins. Ass`n v. Garamendi, 539 U.S. to 419-n.11 (2003). The U.S. Supreme Court Pink (1942) found that international agreements, which were concluded in law, have the same legal status as treaties and do not require Senate approval.
To Reid v. Concealed (1957), the Tribunal, while reaffirming the President`s ability to enter into executive agreements, found that such agreements could not be contrary to existing federal law or the Constitution. The Case-Zablocki Act of 1972 requires the President to notify the Senate within 60 days of an executive agreement. The president`s powers to conclude such agreements have not been restricted. The reporting requirement allowed Congress to vote in favor of repealing an executive agreement or to refuse funding for its implementation.  In the United States, executive agreements are binding at the international level if they are negotiated and concluded under the authority of the President on foreign policy, as commander-in-chief of the armed forces or from a previous act of Congress.