John Hay negotiated a series of treaties
providing for the general arbitration of international disputes. Article
II of the treaty with Great Britain, for example, provided as follows:
"In each individual case the High Contracting Parties, before appealing
to the Permanent Court of Arbitration, shall conclude a special
Agreement defining clearly the matter in dispute and the scope of the
powers of the Arbitrators, and fixing the periods for the formation of
the Arbitral Tribunal and the several stages of the procedure."[266] The
Senate approved the British treaty by the constitutional majority
having, however, first amended it by substituting the word "treaty" for
"agreement." President Theodore Roosevelt, characterizing the
"ratification" as equivalent to rejection, sent the treaties to repose
in the archives. "As a matter of historical practice," Dr. McClure
comments, "the _compromis_ under which disputes have been arbitrated
include both treaties and executive agreements in goodly numbers,"[267]
a statement supported by both Willoughby and Moore.[268]

AGREEMENTS UNDER THE UNITED NATIONS CHARTER

Article 43 of the United Nations Charter provides: "1. All Members of
the United Nations, in order to contribute to the maintenance of
international peace and security, undertake to make available to the
Security Council, on its call and in accordance with a special agreement
or agreements, armed forces, assistance, and facilities, including
rights of passage, necessary for the purpose of maintaining
international peace and security. 2. Such agreement or agreements shall
govern the numbers and types of forces, their degree of readiness and
general location, and the nature of the facilities and assistance to be
provided. 3. The agreement or agreements shall be negotiated as soon as
possible on the initiative of the Security Council. They shall be
concluded between the Security Council and Members or between the
Security Council and groups of Members and shall be subject to
ratification by the signatory states in accordance with their respective
constitutional processes."[269] This time the Senate did not boggle
over the word "agreement."

The United Nations Participation Act

The United Nations Participation Act of December 20, 1945 implements
these provisions as follows: "The President is authorized to negotiate a
special agreement or agreements with the Security Council which shall be
subject to the approval of the