What Are The Difference Between An Executive Agreement And A Treaty

Contrary to the assumptions raised in the previous subsection, several reports indicate that the commitments made in the form of a contract differ qualitatively from those made between Congress and the executive branch. These reports are based on the idea that the treaty, while politically more costly, can also bring some benefits to the parties, which may ultimately lead to a firmer commitment. In the case of interactions where benefits outweigh costs, the contract would then be the preferred instrument, while an executive agreement of Congress would be preferred in others. The U.S. Supreme Court Pink (1942) found that international agreements, which were concluded in law, have the same legal status as treaties and do not require Senate approval. To Reid v. Concealed (1957), the Tribunal, while reaffirming the President`s ability to enter into executive agreements, found that such agreements could not be contrary to existing federal law or the Constitution. 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.