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Executive Agreement Differ From A Treaty

Abril 9th, 2021

The dataset consists of all agreements notified in the Intermediate Treaty States (TIF) that were signed and ratified between 1982 and 2012. Footnote 67 TIF is the official collection of international agreements maintained by the U.S. State Department. It contains information on the date of signing, the parties and the purpose of the agreement, as well as the entry into force of the agreement. TIF agreements are included in the Kavass Treaty Guide in the Force (Guide). Footnote 68 The guide is an annual accompanying TIF publication, first published in 1982, which contains additional useful information such as the purpose of the contract, a brief description and the contracting parties. The TIF uses a sophisticated, but partly inconsistent, system to categorize chords by theme. Footnote 69 In total, there are 197 different subjects in the data set, many with single-digit observations. This article reduces the size of these themes to thirty-eight coherent thematic categories in the online appendix. Survival time analysis offers different models for estimating the longevity of an observed subject, each of which has advantages and disadvantages. The choice of model depends primarily on the discretion of the survival times of the subjects analyzed, so that they can be counted, or continuously, as well as how they are observed.

33 Yoo, John C., Laws as Treaties?: The Constitutionality of Congressional-Executive Agreements, 99 L. Rev. 757 (2001) (against the two “transformationists” who introduce the idea of constitutional moments and the “excluded” who see treaties as the only way to conclude binding international agreements). The United States has two separate mechanisms for concluding binding international agreements. Footnote 19 The first option is the traditional contract. The treaties follow the consultation and approval procedure under Article II of the Constitution, where a treaty, although negotiated by the executive, must nevertheless be approved by a two-thirds majority in the Senate to be ratified and binding. Footnote 20 The terminology surrounding different types of executive agreements has sometimes caused confusion. Political scientists rarely distinguish between different types of executive agreements. When it appears in political literature, the unchanged term “executive convention” often refers to the collective of executive agreements and congresses. On the other hand, international jurists, when using the term “executive convention,” generally refer to exclusive executive agreements, while the collective of executive agreements as a single and congress is not bound to a particular term.

In order to preserve flexibility and precision in the language, this article uses modifiers when referring to a certain type of executive agreement. The unchanged concept of “executive agreement” refers to the collective of executive agreements and congresses. To answer this question, scientists have made several hypotheses about the current role of the treaty. These can be broadly divided into two categories: first, there are assumptions that support the idea that treaties have no independent value as a political instrument. These reports generally explain the use of the contract by motivations that are orthogonal reflection on the quality of the promise itself.

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