A Major Difference Between A Treaty And An Executive Agreement Is

Other areas in which treaties are widespread are legal aid, agreements to crack down on transnational crime, such as drug trafficking, money laundering and stolen passports; « taxes, » which mainly include double taxation and tax disclosure agreements; and « property, » including agreements for the return of stolen vehicles and the transfer of real estate. If we consider only themes, it seems difficult to explain the application of the treaty in a coherent dimension. If we believe, for example, that treaties are particularly prevalent in important agreements, we might expect them to be often used in national security and defence agreements. Footnote 98 However, only 1% of defence agreements are concluded in the form of a contract. In the meantime, crime prevention, which is often thought to be a lower priority than national security, includes a much larger proportion of contracts. Contracts should be executed in good faith in accordance with the pacta sunt servanda principle (agreements must be respected). Similarly, treaties differ in all dimensions of international relations, such as peace, trade, independence, reparations, territorial borders, human rights, immigration and many others. The president can reach an international agreement on any subject within his constitutional authority, as long as the agreement is not in contradiction with the legislation passed by Congress in the exercise of its constitutional authority. Among the President`s constitutional sources of authority to conclude international agreements, Chart 3 shows that there is a 14% probability of a breach of an agreement at the end of the observation period, provided it remains in force by then. For executive agreements, this probability is 40%. Similarly, there is a 15 per cent probability that a contract will be broken between 1982 and 2012, while the probability is 50 per cent for executive agreements.

The above discussions show that there are countless theories about the qualitative difference between contracts and congressional executive agreements. A common approach to solving these theoretical debates is to focus on empirical data. However, as noted above, the theoretical literature and empirical literature do not appear to be conclusive, with the hypotheses of both categories supported by empirical quantitative evidence. 87 A similar argument applies to nullity agreements. Whether an agreement is still actively invoked cannot be respected is a subjective provision and we lack a clear theory as to why the rate of active dependence on inactivity in contracts and executive agreements should be different. 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.