Five years later, in the „Usa“ / 494 cases, the Court adopted these principles another case concerning the attribution and recognition of the Soviet government by Litvinov. The question was whether the United States had the right to recover the assets of the New York branch of a Russian insurance company. The company argued that the Soviet government`s forfeiture decrees did not apply to its property in New York and could not apply in contradiction to the U.S. and New York Constitutions. The court, which was decided by Justice Douglas, brushed aside these arguments. An official statement from the Russian government itself resolved the issue of the extraterritorial operation of the Russian nationalization decree and was binding on the US courts. The power to remove such barriers to full recognition of the rights of our nationals is „a modest tacit power of the president, who is „the only organ of the federal government in the field of international relations.“ It was the verdict of the political department that the full recognition of the Soviet government required the resolution of outstanding problems, including the claims of our nationals . . .
. . We would take over the executive function if we felt that the court decision was not final and conclusive. . . . 36 The approved Restoration (fourth) project is remarkably silent on the issue of interchangeability, but there is no evidence that this silence supports those who argue against interchangeability. The authors of the Restatement (fourth) make it clear that they focus only on The Article II treaties and that they are not recipients of other international agreements. See Restatement (Fourth) of the Foreign Relations Law of the United States, p. 113, note 8 of journalists (March 20, 2017). So far, there seems to be little sign of change in the scientific debate.
See z.B. Bradley, Curtis A., Exiting Congressional-Executive Agreements, 67 Duke L.J. 1615 (2018) (contracts and executive agreements of Congress are considered largely interchangeable even after the adoption of the Restoration (fourth) project.