Why Are Executive Agreements Different From Formal Treaties

24 Hathaway, supra note 1, at 1256 (conduct a search for agreements between Congress and the executive branch that have been approved ex post, and find only a “small number” of such agreements). The analysis sorts the agreements according to their lifespan and assumes that x-quantil is an exclusive executive agreement, x ∈ [0, 0.1]. For example, x -0.03 assumes that the 3% of the least durable agreements are one-off executive agreements. It then omits these agreements from the analysis, executes the preferred model (5) and counts the estimated coefficient on the contractual indicator and its standard defects. Keep in mind that the assumption that the least durable agreements are exclusive executive agreements is extremely restrictive. In fact, it is much more likely that some unique executive agreements will survive the agreements between Congress and the executive branch. This approach can therefore be expected to distort the sustainability of congressional executive agreements, making it more difficult to differentiate between tenure of contracts and executive agreements. While it can be shown that even in these restrictive assumptions, contracts are viable, this is particularly strong evidence of an increase in the lifespan of contracts. Despite these limitations, this study helps inform the debate about the continuing relevance of the treaty. The results are consistent with the idea that the contract provides the parties with certain benefits that the agreement between Congress and the executive branch does not provide, which leads to agreements of different quality.

Despite the diminishing application, the treaty appears to retain an important role as a political instrument. In particular, the optimal choice between international agreements may require a presidential administration, the strength of the obligation to carefully examine the private information made available to the public, the domestic costs of the public and the ease with which an agreement can be denounced. Contracts and agreements between Congress and the executive reflect divergent trade-offs between these characteristics, and the abandonment of the treaty can therefore have a negative impact on the executive`s ability to adapt an agreement to a particular context. As a result, policy recommendations calling for the treaty to be abandoned appear premature and may have unintended consequences. In addition, there are many collections of free online contracts that focus on a particular jurisdiction, region or conditions. Depending on the type of contract you are researching, it may be quicker to use one of these online contract collections as a starting point rather than following the conventional four-step contract search process. This is particularly the case with major multilateral treaties and certain types of bilateral agreements, particularly bilateral investment agreements. Indeed, the momentum around the ex-post executive agreement of Congress is often described as if the executive branch had presented a specific agreement to Congress and that Congress considered this agreement in isolation. It is certainly a clear description of legislation on the implementation of important trade agreements.

However, outside the commercial domain, the authorisation process is often very different. In this case, the revision of the known authorisation rules suggests that (1) the language is often vague and that it is not certain that it approves, among other things, a specific agreement; and (2) Authorization is, as a general rule, only a minor aspect of a legal act dealing with a much broader set of substantive issues. As an illustration, you should consider the following language in the Balanced Budget Downpayment Act of 1996, which probably approves the Global Learning and Observance to Benefit the Environment (GLOBE) agreement: Footnote 109 Today, the interchangeability debate has re-emerged, albeit in a different form. The focus is not on whether the two instruments can be used interchangeably, but on whether the treaties and executive agreements of Congress can be used interchangeably as a political issue. During the Obama administration, only twenty contracts were approved by the Senate, the lowest number of authorizations during a presidency since President Ford.Footnote 6 In the same

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