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Central Powers
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Not to be confused with Axis powers.
Central Powers
Mittelmächte (German)
Központi hatalmak (Hungarian)
İttifak Devletleri (Turkish)
Централни сили (Bulgarian)
Military alliance
1914–1918
Allied Powers (and their colonies)
Central Powers (and their colonies)
Neutral Powers
Quadruple Alliance:
Germany
Austria-Hungary
Ottoman Empire
Bulgaria
Co-belligerent states:
Dervish State
Transvaal
Sultanate of Darfur
Client states:
Azerbaijan
Belarus
Courland and Semigallia
Crim
Don
Finland
Jabal Shammar
Kuban
Lithuania
Northern Caucasus
Poland
Ukraine
Georgia
United Baltic Duchy
Capital
none (de jure)
Berlin (de facto)
Political structure Military alliance
Historical era World War I
• Dual Alliance
(Germany / Austria-Hungary) 7 October 1879
• Established 28 June 1914
• Ottoman–German Alliance 2 August 1914
• Bulgaria–Germany treaty
6 September 1915 (secret)
14 October 1915 (public)
• Dissolved 11 November 1918
Leaders of the Central Powers (left to right):
Kaiser Wilhelm II of Germany;
Kaiser and King Franz Joseph of Austria-Hungary;
Sultan Mehmed V of the Ottoman Empire;
Tsar Ferdinand I of Bulgaria.
The Central Powers (German: Mittelmächte; Hungarian: Központi hatalmak; Turkish: İttifak Devletleri / Bağlaşma Devletleri; Bulgarian: Централни сили, translit. Tsentralni sili), consisting of Germany, Austria-Hungary, the Ottoman Empire and Bulgaria – hence also known as the Quadruple Alliance[1] (German: Vierbund) – was one of the two main factions during World War I (1914–18). It faced and was defeated by the Allied Powers that had formed around the Triple Entente. The Powers' origin was the alliance of Germany and Austria-Hungary in 1879. The Ottoman Empire and Bulgaria did not join until after World War I had begun, although the Ottoman Empire retained close relations with both Germany and Austria-Hungary since the beginning of the 20th century.
Contents
[hide]
1 Member states
2 Combatants
2.1 Germany
2.1.1 War justifications
2.1.2 Colonies and dependencies
2.2 Austria-Hungary
2.2.1 War justifications
2.3 Ottoman Empire
2.3.1 War justifications
2.4 Bulgaria
2.4.1 War justifications
2.4.2 Declarations of war
3 Co-belligerents
3.1 Dervish State
3.2 South African Republic
3.3 Sultanate of Darfur
4 Client states
4.1 German client states
4.2 Ottoman client states
5 Controversial cases
5.1 Ethiopia
6 Non-state combatants
7 Armistice and treaties
8 Leaders
9 See also
10 Footnotes
11 References
Member states[edit]
The Central Powers consisted of the German Empire and the Austro-Hungarian Empire at the beginning of the war. The Ottoman Empire joined the Central Powers later in 1914. In 1915, the Kingdom of Bulgaria joined the alliance. The name "Central Powers" is derived from the location of these countries; all four (including the other groups that supported them except for Finland and Lithuania) were located between the Russian Empire in the east and France and the United Kingdom in the west. Finland, Azerbaijan, and Lithuania joined them in 1918 before the war ended and after the Russian Empire collapsed.
Allied and Central Powers during World War I
Allied Powers
Allied colonies, dominions, territories or occupations
Central Powers
Central Powers' colonies or occupations
Neutral countries
Europe in 1914.
The Central Powers were composed of the following nations:[2]
Nation
Entered WWI
Austria-Hungary 28 July 1914
German Empire 1 August 1914
Ottoman Empire 2 August 1914 (secret)
29 October 1914 (public)
Kingdom of Bulgaria 14 October 1915
Deaths of the Central powers
Economic statistics of the Central Powers [notes 1][3]
Population
(millions)
Land
(million km2)
GDP
($ billion)
GDP per capita
($)
German Empire (1914) Mainland 67.0 0.5 244.3 3,648
Colonies 10.7 3.0 6.4 601
Total 77.7 3.5 250.7
Austria–Hungary (1914) 50.6 0.6 100.5 1,986
Ottoman Empire (1914) 23.0 1.8 25.3 1,100
Kingdom of Bulgaria (1915) 4.8 0.1 7.4 1,527
Total 156.1 6.0 383.9 2,459
Military statistics of the Central Powers [4]
Mobilized
Killed in action
Wounded
Missing in action
Total casualties
Percentage casualties of total force mobilized
German Empire 13,250,000 1,808,546 (13.65%) 4,247,143 1,152,800 7,208,489 66%
Austria–Hungary 7,800,000 922,500 (11.82%) 3,620,000 2,200,000 6,742,500 86%
Ottoman Empire 2,998,321 325,000 (10.84%) 400,000 250,000 975,000 34%
Kingdom of Bulgaria 1,200,000 75,844 (6.32%) 153,390 27,029 255,263 21%
Total 25,257,321 3,131,890 8,419,533 3,629,829 15,181,252 66%
Combatants[edit]
Germany[edit]
Main article: German Empire
War justifications[edit]
German soldiers in the battlefield in August 1914 on the Western Front shortly after the outbreak of war.
German cavalry entering Warsaw in 1915.
German battlecruiser SMS Seydlitz heavily damaged after the Battle of Jutland.
German Fokker Dr.I fighter aircraft of Jasta 26 at Erchin in German-occupied territory of France.
In early July 1914, in the aftermath of the assassination of Austro-Hungarian Archduke Franz Ferdinand and the immediate likelihood of war between Austria-Hungary and Serbia, Kaiser Wilhelm II and the German government informed the Austro-Hungarian government that Germany would uphold its alliance with Austria-Hungary and defend it from possible Russian intervention if a war between Austria-Hungary and Serbia took place.[5] When Russia enacted a general mobilization, Germany viewed the act as provocative.[6] The Russian government promised Germany that its general mobilization did not mean preparation for war with Germany but was a reaction to the events between Austria-Hungary and Serbia.[6] The German government regarded the Russian promise of no war with Germany to be nonsense in light of its general mobilization, and Germany, in turn, mobilized for war.[6] On 1 August, Germany sent an ultimatum to Russia stating that since both Germany and Russia were in a state of military mobilization, an effective state of war existed between the two countries.[7] Later that day, France, an ally of Russia, declared a state of general mobilization.[7]
In August 1914, Germany waged war on Russia, the German government justified military action against Russia as necessary because of Russian aggression as demonstrated by the mobilization of the Russian army that had resulted in Germany mobilizing in response.[8]
After Germany declared war on Russia, France with its alliance with Russia prepared a general mobilization in expectation of war. On 3 August 1914, Germany responded to this action by declaring war on France.[9] Germany, facing a two-front war, enacted what was known as the Schlieffen Plan, that involved German armed forces needing to move through Belgium and swing south into France and towards the French capital of Paris. This plan was hoped to quickly gain victory against the French and allow German forces to concentrate on the Eastern Front. Belgium was a neutral country and would not accept German forces crossing its territory. Germany disregarded Belgian neutrality and invaded the country to launch an offensive towards Paris. This caused Great Britain to declare war against the German Empire, as the action violated the Treaty of London that both nations signed in 1839 guaranteeing Belgian neutrality and defense of the kingdom if a nation reneged.
Subsequently, several states declared war on Germany in late August 1914, with Italy declaring war on Austria-Hungary in 1915 and Germany on 27 August 1916, the United States declaring war on Germany on 6 April 1917 and Greece declaring war on Germany in July 1917.
Colonies and dependencies[edit]
Main article: German colonial empire
Europe
Upon its founding in 1871, the German Empire controlled Alsace-Lorraine as an "imperial territory" incorporated from France after the Franco-Prussian War. It was held as part of Germany's sovereign territory.
Africa
Germany held multiple African colonies at the time of World War I. All of Germany's African colonies were invaded and occupied by Allied forces during the war.
Cameroon, German East Africa, and German Southwest Africa were German colonies in Africa. Togoland was a German protectorate in Africa.
Asia
The Kiautschou Bay concession was a German dependency in East Asia leased from China in 1898. It was occupied by Japanese forces following the Siege of Tsingtao.
Pacific
German New Guinea was a German protectorate in the Pacific. It was occupied by Australian forces in 1914.
German Samoa was a German protectorate following the Tripartite Convention. It was occupied by the New Zealand Expeditionary Force in 1914.
Austria-Hungary[edit]
Main article: Austria-Hungary
Austro-Hungarian soldiers in trench on the Italian front during World War I.
Austro-Hungarian soldiers marching up Mount Zion in Jerusalem in the Ottoman Empire, during the Middle Eastern campaign.
War justifications[edit]
Austria-Hungary regarded the assassination of Archduke Franz Ferdinand as being orchestrated with the assistance of Serbia.[5] The country viewed the assassination as setting a dangerous precedent of encouraging the country's South Slav population to rebel and threaten to tear apart the multinational country.[6] Austria-Hungary formally sent an ultimatum to Serbia demanding a full-scale investigation of Serbian government complicity in the assassination, and complete compliance by Serbia in agreeing to the terms demanded by Austria-Hungary.[5] Serbia submitted to accept most of the demands, however Austria-Hungary viewed this as insufficient and used this lack of full compliance to justify military intervention.[10] These demands have been viewed as a diplomatic cover for what was going to be an inevitable Austro-Hungarian declaration of war on Serbia.[10]
Austria-Hungary had been warned by Russia that the Russian government would not tolerate Austria-Hungary crushing Serbia.[10] However, with Germany supporting Austria-Hungary's actions, the Austro-Hungarian government hoped that Russia would not intervene and that the conflict with Serbia would be a regional conflict.[5]
Austria-Hungary's invasion of Serbia resulted in Russia declaring war on the country and Germany in turn declared war on Russia, setting off the beginning of the clash of alliances that resulted in the World War.
Territory
Austria-Hungary was internally divided into two states with their own governments, joined in communion through the Habsburg throne. Austrian Cisleithania contained various duchies and principalities but also the Kingdom of Bohemia, the Kingdom of Dalmatia, the Kingdom of Galicia and Lodomeria. Hungarian Transleithania comprised the Kingdom of Hungary and the Kingdom of Croatia-Slavonia. In Bosnia and Herzegovina sovereign authority was shared by both Austria and Hungary.
Ottoman Empire[edit]
Main article: Ottoman Empire
Ottoman soldiers in military preparations for an assault on the Suez Canal in 1914.
Kaiser Wilhelm II visiting the Turkish cruiser Yavuz Sultan Selim during his stay in Istanbul in October 1917 as a guest of Sultan Mehmed V.
War justifications[edit]
The Ottoman Empire joined the war on the side of the Central Powers in November 1914. The Ottoman Empire had gained strong economic connections with Germany through the Berlin-to-Baghdad railway project that was still incomplete at the time.[11] The Ottoman Empire made a formal alliance with Germany signed on 2 August 1914.[12] The alliance treaty expected that the Ottoman Empire would become involved in the conflict in a short amount of time.[12] However, for the first several months of the war the Ottoman Empire maintained neutrality though it allowed a German naval squadron to enter and stay near the strait of Bosphorus.[13] Ottoman officials informed the German government that the country needed time to prepare for conflict.[13] Germany provided financial aid and weapons shipments to the Ottoman Empire.[12]
After pressure escalated from the German government demanding that the Ottoman Empire fulfill its treaty obligations, or else Germany would expel the country from the alliance and terminate economic and military assistance, the Ottoman government entered the war with the recently acquired cruisers from Germany, the Yavuz Sultan Selim (formerly SMS Goeben) and the Midilli (formerly SMS Breslau) launching a naval raid on the Russian port of Odessa, thus engaging in a military action in accordance with its alliance obligations with Germany. Russia and the Triple Entente declared war on the Ottoman Empire.[14]
Bulgaria[edit]
Main article: Kingdom of Bulgaria
See also: Bulgaria during World War I
War justifications[edit]
Bulgarian soldiers firing at an incoming aircraft.
Bulgaria was still resentful after its defeat in July 1913 at the hands of Serbia, Greece and Romania. It signed a treaty of defensive alliance with the Ottoman Empire on 19 August 1914. It was the last country to join the Central Powers, which Bulgaria did in October 1915 by declaring war on Serbia. It invaded Serbia in conjunction with German and Austro-Hungarian forces. Bulgaria held claims on the region of Vardar Macedonia then held by Serbia following the Balkan Wars of 1912-1913 and (from the Bulgarian point of view), the costly Treaty of Bucharest (1913).[15] As a condition of entering WW1 on the side of the Central Powers, Bulgaria was granted the right to reclaim that territory.[16]
Declarations of war[edit]
Date
Declared by
Declared against
1915
14 October Bulgaria Serbia
15 October United Kingdom
Montenegro Bulgaria
16 October France Bulgaria
19 October Italy
Russia Bulgaria
1916
1 September Bulgaria Romania
1917
2 July Greece Bulgaria
Co-belligerents[edit]
Dervish State[edit]
The Dervish State was a rebel Somali state seeking independence of Somali territories. Dervish forces fought against Italian and British forces in Italian Somaliland and British Somaliland during World War I in the Somaliland Campaign. The Dervish State received support from Germany and the Ottoman Empire. It also briefly received support by the Ethiopian Empire from 1915-1916.[17]
South African Republic[edit]
In opposition to the Union of South Africa, which had joined the war, Boer rebels founded the South African Republic in 1914 and engaged in the Maritz Rebellion. Germany assisted the rebels, and the rebels operated in and out of the German colony of German South-West Africa. The rebels were defeated by British imperial forces.
Sultanate of Darfur[edit]
The Sultanate of Darfur forces fought against British forces in Anglo-Egyptian Sudan during World War I in the Anglo-Egyptian Darfur Expedition.
Client states[edit]
During 1917 and 1918, the Finns under Carl Gustaf Emil Mannerheim and Lithuanian nationalists fought Russia for a common cause. With the Bolshevik attack of late 1917, the General Secretariat of Ukraine sought military protection first from the Central Powers and later from the armed forces of the Entente.
The Ottoman Empire also had its own allies in Azerbaijan and the Northern Caucasus. The three nations fought alongside each other under the Army of Islam in the Battle of Baku.
German client states[edit]
Belarus (Belarusian People's Republic)
The Belarusian People's Republic was a client state of Germany created in 1918.
Courland and Semigallia
The Duchy of Courland and Semigallia was a client state of Germany created in 1918.
Crim (Crimean Regional Government)
The Crimean Regional Government was a client state of Germany created in 1918.
Don (Don Republic)
The Don Republic was closely associated with the German Empire and fought against the Bolsheviks.
Finland (Kingdom of Finland)
The Kingdom of Finland was a client state of Germany created in 1918. Prior to the declaration of the kingdom, Finland existed as an autonomous Grand Dutchy of Russia since 1809.
Kuban (Kuban People's Republic)
The Kuban People's Republic was a client state of Germany created in 1918.
Lithuania (Kingdom of Lithuania)
The Kingdom of Lithuania was a client state of Germany created in 1918.
Northern Caucasus (Mountainous Republic of the Northern Caucasus)
The Mountainous Republic of the Northern Caucasus was associated with the Central Powers.
Georgia (Democratic Republic of Georgia)
The Democratic Republic of Georgia declared independence in 1918 which then to led border conflicts between newly formed republic and Ottoman Empire. Soon after Ottoman Empire invaded republic and quickly reached Borjomi. this forced Georgia to ask for help from Germany which they got. Germany forced Ottomans too withdraw from Georgian territories and recognize its sovereignty on its borders. Germany, Georgia and Ottomans signed a peace treaty, the Treaty of Batum which ended conflict with last two. in return Georgia become Germany's "ally". this time period of Georgian-German friendship was known as German Caucasus expedition.
Poland (Kingdom of Poland)
The Kingdom of Poland was a client state of Germany created in 1916.[18] This government was recognized by the emperors of Germany and Austria-Hungary in November 1916, and it adopted a constitution in 1917.[19] The decision to create a state of Poland was taken by Germany in order to attempt to legitimize its military occupation amongst the Polish inhabitants, following upon German propaganda sent to Polish inhabitants in 1915 that German soldiers were arriving as liberators to free Poland from subjugation by Russia.[20] The state was utilized by the German government alongside punitive threats to induce Polish landowners living in the German-occupied Baltic territories to move to the state and sell their Baltic property to Germans in exchange for moving to Poland, and efforts were made to induce similar emigration of Poles from Prussia to the state.[21]
Ukraine (Ukrainian State)
The Ukrainian State was a client state of Germany led by Pavlo Skoropadskyi, who overthrew the government of the Ukrainian People's Republic.[22]
United Baltic Duchy
The United Baltic Duchy was a proposed client state of Germany created in 1918.
Ottoman client states[edit]
Azerbaijan (Azerbaijan Democratic Republic)
In 1918, the Azerbaijan Democratic Republic, facing Bolshevik revolution and opposition from the Muslim Musavat Party, was then occupied by the Ottoman Empire, which expelled the Bolsheviks while supporting the Musavat Party.[23] The Ottoman Empire maintained a presence in Azerbaijan until the end of the war in November 1918.[23]
Jabal Shammar
Jabal Shammar was an Arab state in the Middle East that was closely associated with the Ottoman Empire.[24]
Controversial cases[edit]
States listed in this section were not officially members of the Central Powers, but at some point during the war engaged in cooperation with one or more Central Powers members on level that makes their neutrality disputable.
Ethiopia[edit]
During the Somaliland Campaign, from the period of 1915 to 1916, the Ethiopian Empire gave aid to the Dervish state.
Non-state combatants[edit]
See also: Zimmermann Telegram
Other movements supported the efforts of the Central Powers for their own reasons, such as the radical Irish Nationalists who launched the Easter Rising in Dublin in April 1916; they referred to their "gallant allies in Europe". However, the majority of Irish Nationalists supported the British and allied war effort up until 1916 when the Irish political landscape was changing. In 1914, Józef Piłsudski was permitted by Germany and Austria-Hungary to form independent Polish legions. Piłsudski wanted his legions to help the Central Powers defeat Russia and then side with France and the UK and win the war with them.
Kaocen revolt
Zaian War
Irish Republican Brotherhood
Hindu–German Conspiracy
Mexican Revolution
Niedermayer–Hentig Expedition
Senussi Campaign
Polish Legions
Volta-Bani War
BMORK
Armistice and treaties[edit]
Bulgaria signed an armistice with the Allies on 29 September 1918, following a successful Allied advance in Macedonia. The Ottoman Empire followed suit on 30 October 1918 in the face of British and Arab gains in Palestine and Syria. Austria and Hungary concluded ceasefires separately during the first week of November following the disintegration of the Habsburg Empire and the Italian offensive at Vittorio Veneto; Germany signed the armistice ending the war on the morning of 11 November 1918 after the Hundred Days Offensive, and a succession of advances by New Zealand, Australian, Canadian, Belgian, British, French and US forces in north-eastern France and Belgium. There was no unified treaty ending the war; the Central Powers were dealt with in separate treaties.[25]
Central Powers by date of armistice
Flag
Name
Date
Bulgaria 000000001918-09-29-000029 September 1918
Ottoman Empire 000000001918-10-30-000030 October 1918
Austria-Hungary 000000001918-11-04-00004 November 1918
German Empire 000000001918-11-11-000011 November 1918
Central Powers treaties
Flag
Name
Treaty of
Austria Saint-Germain
Bulgaria Neuilly
Germany Versailles
Hungary Trianon

Ottoman Empire
Turkey Sèvres
Lausanne
Central Powers' military deaths.
A postcard depicting the flags of the Central Powers' countries.
The collapse of the Central Powers in 1918.
The Leaders of Central Powers in 1914.
Leaders[edit]
Main article: Leaders of the Central Powers of World War I
See also[edit]
World War I portal
Axis powers
Participants in World War I
Treaty of Versailles
Triple Entente
Footnotes[edit]
Jump up ^ All figures presented are for the year 1913.
References[edit]
Jump up ^ Hindenburg, Paul von. "Out of my life". Internet Archive. p. 113.
Jump up ^ Meyer, G.J. (2007). A World Undone: The Story of the Great War, 1914 to 1918. Delta Trade Paperback. ISBN 0-553-38240-3.
Jump up ^ S.N. Broadberry, Mark Harrison. The Economics of World War I. illustrated ed. Cambridge University Press, 2005, pp. 9-10.
Jump up ^ Spencer Tucker (1996). "The European Powers in the First World War". p. 173.
^ Jump up to: a b c d Cashman, Greg; Robinson, Leonard C. An Introduction to the Causes of War: Patterns of Interstate Conflict from World War I to Iraq. Rowman & Littlefield. 2007. P57
^ Jump up to: a b c d Meyer, G.J. A World Undone: The Story of the Great War, 1914 to 1918. Delta Book. 2006. P39.
^ Jump up to: a b Meyer, G.J. A World Undone: The Story of the Great War, 1914 to 1918. Delta Book. 2006. P95.
Jump up ^ Hagen, William W. German History in Modern Times: Four Lives of the Nation. P228.
Jump up ^ Tucker, Spencer C. A Global Chronology of Conflict: From the Ancient World to the Modern Middle East: From the Ancient World to the Modern Middle East. ABC-CLIO. 2009. P1556.
^ Jump up to: a b c Cashman, Greg; Robinson, Leonard C. An Introduction to the Causes of War: Patterns of Interstate Conflict from World War I to Iraq. Rowman & Littlefield. 2007. P61
Jump up ^ Hickey, Michael. The First World War: Volume 4 The Mediterranean Front 1914-1923. P31.
^ Jump up to: a b c Afflerbach, Holger; David Stevenson, David. An Improbable War: The Outbreak of World War 1 and European Political Culture. Berghan Books. 2012. P. 292.
^ Jump up to: a b Kent, Mary. The Great Powers and the End of the Ottoman Empire. end ed. Frank Cass. 1998. P119
Jump up ^ Afflerbach, Holger; David Stevenson, David. An Improbable War: The Outbreak of World War I and European Political Culture. Berghan Books. 2012. P. 293.
Jump up ^ Hall, Richard C. "Bulgaria in the First World War". Russia's Great War and Revolution. Retrieved 22 September 2017.
Jump up ^ Jelavich, Charles; Jelavich, Barbara (1986). The establishment of the Balkan national states, 1804-1920 (1st pbk. ed.). Seattle: University of Washington Press. pp. 284–297. ISBN 978-0295964133.
Jump up ^ Mukhtar, Mohammed (25 February 2003). Historical Dictionary of Somalia. Scarecrow Press. p. 126. Retrieved 28 February 2017.
Jump up ^ The Regency Kingdom has been referred to as a puppet state by Norman Davies in Europe: A history (Google Print, p. 910); by Jerzy Lukowski and Hubert Zawadzki in A Concise History of Poland (Google Print, p. 218); by Piotr J. Wroblel in Chronology of Polish History and Nation and History (Google Print, p. 454); and by Raymond Leslie Buell in Poland: Key to Europe (Google Print, p. 68: "The Polish Kingdom... was merely a pawn [of Germany]").
Jump up ^ J. M. Roberts. Europe 1880-1945. P. 232.
Jump up ^ Aviel Roshwald. Ethnic Nationalism and the Fall of Empires: Central Europe, the Middle East and Russia, 1914-23. Routledge, 2002. P. 117.
Jump up ^ Annemarie Sammartino. The Impossible Border: Germany and the East, 1914-1922. Cornell University, 2010. P. 36-37.
Jump up ^ Kataryna Wolczuk. The Moulding of Ukraine: The Constitutional Politics of State Formation. P37.
^ Jump up to: a b Zvi Lerman, David Sedik. Rural Transition in Azerbaijan. P12.
Jump up ^ Hala Mundhir Fattah. The Politics of Regional Trade in Iraq, Arabia, and the Gulf, 1745-1900. P121.
Jump up ^ Davis, Robert T., ed. (2010). U.S. Foreign Policy and National Security: Chronology and Index for the 20th Century. 1. Santa Barbara, California: Praeger Security International. p. 49. ISBN 978-0-313-38385-4.
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Treaty Clause
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The Treaty Clause is part of Article II, Section 2, Clause 2, of the United States Constitution, that empowers the President of the United States to propose and chiefly negotiate agreements between the United States and other countries, which, upon receiving the advice and consent of a two-thirds supermajority vote of the United States Senate, become binding with the force of federal law.
Contents
1 Text
2 One of three types of international accord
3 Repeal
4 Scope of presidential powers
5 See also
6 Further reading
7 References
8 External links
Text[edit]
[The President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur...
One of three types of international accord[edit]
The body of law governing U.S. foreign policy recognizes three mechanisms by which the United States enters into binding international obligations. The term "treaty" is used in a more restricted legal sense than in international law. U.S. law distinguishes what it calls treaties from congressional-executive agreements and executive agreements.[1] All three classes are considered treaties under international law; they are distinct only from the perspective of internal United States law. Distinctions among the three concern their method of ratification: by two-thirds of the Senate, by normal legislative process, or by the President alone, respectively. The Treaty Clause empowers the President to make or enter into treaties with the "advice and consent" of two-thirds of the Senate. In contrast, normal legislation becomes law after approval by simple majorities in both the Senate and the House of Representatives and the signature of the President.
Throughout American history, presidents have also made international agreements through congressional-executive agreements, that are ratified with only a majority from both houses of Congress, or executive agreements, made by the President—in the exercise of his Constitutional executive powers—alone.[1] Though the Constitution does not expressly provide for any alternative to the Article II treaty procedure, Article I, Section 10 of the Constitution does distinguish between treaties (which states are forbidden to make) and agreements (which states may make with the consent of Congress).[2] The Supreme Court has considered congressional-executive and executive agreements to be valid, and they have been common throughout American history. Thomas Jefferson explained that the Article II treaty procedure is not necessary when there is no long-term commitment:
It is desirable, in many instances, to exchange mutual advantages by Legislative Acts rather than by treaty: because the former, though understood to be in consideration of each other, and therefore greatly respected, yet when they become too inconvenient, can be dropped at the will of either party: whereas stipulations by treaty are forever irrevocable but by joint consent....[3]
A further distinction embodied in U.S. law is between self-executing treaties, which do not require additional legislative action, and non-self-executing treaties which do require the enactment of new laws.[1][4] These various distinctions of procedure and terminology do not affect the binding status of accords under international law. Nevertheless, they do have major implications under U.S. domestic law. In Missouri v. Holland, the Supreme Court ruled that the power to make treaties under the U.S. Constitution is a power separate from the other enumerated powers of the federal government, and hence the federal government can use treaties to legislate in areas which would otherwise fall within the exclusive authority of the states. By contrast, a congressional-executive agreement can only cover matters which the Constitution explicitly places within the powers of Congress and the President.[1] Likewise, a sole-executive agreement can only cover matters within the President's authority or matters in which Congress has delegated authority to the President.[1] For example, a treaty may prohibit states from imposing capital punishment on foreign nationals, but a congressional-executive agreement or sole-executive agreement cannot.
In general, arms control agreements are often ratified by the treaty mechanism.[5] At the same time, trade agreements (such as the North American Free Trade Agreement and United States accession to the World Trade Organization) are generally voted on as a CEA, and such agreements typically include an explicit right to withdraw after giving sufficient written notice to the other parties.[6] If an international commercial accord contains binding "treaty" commitments, then a two-thirds vote of the Senate may be required.[7]
Between 1946 and 1999, the United States completed nearly 16,000 international agreements. Only 912 of those agreements were treaties, submitted to the Senate for approval as outlined in Article II of the Constitution. Since the Franklin Roosevelt presidency, only 6% of international accords have been completed as Article II treaties.[1] Most of these executive agreements consist of congressional-executive agreements.
Repeal[edit]
American law is that international accords become part of the body of U.S. federal law.[1] Consequently, Congress can modify or repeal treaties by subsequent legislative action, even if this amounts to a violation of the treaty under international law. This was held, for instance, in the Head Money Cases. The most recent changes will be enforced by U.S. courts entirely independent of whether the international community still considers the old treaty obligations binding upon the U.S.[1]
Additionally, an international accord that is inconsistent with the U.S. Constitution is void under domestic U.S. law, the same as any other federal law in conflict with the Constitution. This principle was most clearly established in the case of Reid v. Covert.[8] The Supreme Court could rule an Article II treaty provision to be unconstitutional and void under domestic law, although it has not yet done so.
In Goldwater v. Carter,[9] Congress challenged the constitutionality of then-president Jimmy Carter's unilateral termination of a defense treaty. The case went before the Supreme Court and was never heard; a majority of six Justices ruled that the case should be dismissed without hearing an oral argument, holding that "The issue at hand ... was essentially a political question and could not be reviewed by the court, as Congress had not issued a formal opposition." In his opinion, Justice Brennan dissented, "The issue of decision making authority must be resolved as a matter of constitutional law, not political discretion; accordingly, it falls within the competence of the courts". Presently, there is no official Supreme Court ruling on whether the President has the power to break a treaty without the approval of Congress, and the courts also declined to interfere when President George W. Bush unilaterally withdrew the United States from the ABM Treaty in 2002, six months after giving the required notice of intent.[10]
Scope of presidential powers[edit]
Presidents have regarded the Article II treaty process as necessary where an international accord would bind a future president. For example, Theodore Roosevelt explained:
The Constitution did not explicitly give me power to bring about the necessary agreement with Santo Domingo. But the Constitution did not forbid my doing what I did. I put the agreement into effect, and I continued its execution for two years before the Senate acted; and I would have continued it until the end of my term, if necessary, without any action by Congress. But it was far preferable that there should be action by Congress, so that we might be proceeding under a treaty which was the law of the land and not merely by a direction of the Chief Executive which would lapse when that particular executive left office. I therefore did my best to get the Senate to ratify what I had done.[11]
A sole-executive agreement can only be negotiated and entered into through the president's authority (1) in foreign policy, (2) as commander-in-chief of the armed forces, (3) from a prior act of Congress, or (4) from a prior treaty.[1] Agreements beyond these competencies must have the approval of Congress (for congressional-executive agreements) or the Senate (for treaties).
In 1972, Congress passed legislation requiring the president to notify Congress of any executive agreements that are formed.[12]
Although the nondelegation doctrine prevents Congress from delegating its legislative authority to the executive branch, Congress has allowed the executive to act as Congress's "agent" in trade negotiations, such as by setting tariffs, and, in the case of Trade Promotion Authority, by solely authoring the implementing legislation for trade agreements. The constitutionality of this delegation was upheld by the Supreme Court in Field v. Clark (1892).
See also[edit]
Appointments Clause
Foreign policy of the United States
Jus tractatuum
List of United States treaties
Supremacy Clause
Further reading[edit]
Warren F. Kimball, Alliances, Coalitions, and Ententes - The American alliance system: an unamerican tradition
References[edit]
^ Jump up to: a b c d e f g h i Treaties and other International Agreements: the Role of the United States Senate (Congressional Research Service 2001).
Jump up ^ The Supreme Court has ruled that the words "treaty" and "agreement" were technical terms of international diplomacy, when the Constitution was written. See Holmes v. Jennison, 39 U.S. 540 (1840): "A few extracts from an eminent writer on the laws of nations, showing the manner in which these different words have been used, and the different meanings sometimes attached to them, will, perhaps, contribute to explain the reason for using them all in the Constitution....Vattel, page 192, sec. 152, says: 'A treaty, in Latin foedus, is a compact made with a view to the public welfare, by the superior power, either for perpetuity, or for a considerable time.' Section 153. 'The compacts which have temporary matters for their object, are called agreements, conventions, and pacts. They are accomplished by one single act, and not by repeated acts. These compacts are perfected in their execution once for all; treaties receive a successive execution, whose duration equals that of the treaty.' Section 154....After reading these extracts, we can be at no loss to comprehend the intention of the framers of the Constitution in using all these words, 'treaty,' 'compact,' 'agreement.'"
Jump up ^ Jefferson, Thomas. "Report of the Secretary of State to the President" (January 18, 1791) quoted in The Jeffersonian Cyclopedia (1900).
Jump up ^ Medellin v. Texas, 2008
Jump up ^ Charnovitz, Steve. "Analysis of Congressional-Executive Agreements", American Journal of International Law (2004).
Jump up ^ Hyman, Andrew. "The Unconstitutionality of Long-Term Nuclear Pacts that are Rejected by Over One-Third of the Senate", Denver Journal of International Law and Policy (1995).
Jump up ^ Sherman, Roger. “Observations on the Alterations Proposed as Amendments to the New Federal Constitution” (1788) reprinted in Essays on the Constitution of the United States, Published During its Discussion by the People, 1787-1788 (Paul Leicester Ford ed. 1892), page 235: "It is provided by the constitution that no commercial treaty shall be made by the president without the consent of two-thirds of the senators present...." Retrieved 2008-04-12.
Jump up ^ Reid v. Covert, 354 U.S. 1 (1957).
Jump up ^ Goldwater v. Carter, 444 U.S. 996 (1979).
Jump up ^ Ackerman, David. “Withdrawal from the ABM Treaty: Legal Considerations” Archived 2008-09-12 at the Wayback Machine., CRS Report for Congress (2002-12-31).
Jump up ^ Roosevelt, Theodore. An Autobiography, page 510 (1913).
Jump up ^ 1 U.S.C. 112(b). Via Findlaw. Retrieved 2008-04-12.
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