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One Difference Between An Executive Agreement And A Treaty Is That An Executive Does Not Require

Based on the survival time analysis, this article shows that contracts are more sustainable commitments than executive agreements. In particular, there was a 15 per cent probability that a typical agreement concluded in the form of a contract in 1982 would collapse by 2012, compared to a 50% chance that it would collapse when an executive agreement was concluded. The results are consistent with the idea that treaties remain an important policy instrument for the United States, as they are a qualitatively different promise from a promise made in the form of an ex ante agreement between Congress and the executive. The largest delegation of authors ever made by Congress to the President to conclude executive agreements took place in the area of the related competences of the two departments, the field of external relations, and took place at a time when war seemed to be in sight and, in fact, only a few months away. In Table 5, the same model specifications are executed using the concurrent complementary log-log model. Here, too, the results consistently show that agreements concluded in the form of treaties outlive those concluded as executive agreements. The results therefore do not depend on the specific characteristics of the Cox model, but are also robust compared to other model specifications. Of course, the raw figures must be carefully interpreted. Only a very small minority of all executive agreements concluded rested exclusively on the powers of the President as Commander-in-Chief and organ of external relations; The rest has been approved in advance by Congress by law or by contractual provisions ratified by the Senate440 Therefore, the examination of the constitutional meaning of executive agreements must begin with a differentiation between the types of agreements falling under this heading alone.441 36 The approved draft recast (fourth) remains very silent on the issue of interchangeability, but nothing says: that this silence supports those who argue against interchangeability.

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