A simple question is at the heart of the study of the differences between the two political instruments: if a particular treaty is concluded between the United States and a partner country in the form of a treaty, will this lead to a different result than the conclusion of the agreement in the form of an inter-congress-executive agreement? If the answer is yes, it indicates that the treaty is qualitatively different from the one concluded between Congress and the executive. If the answer is no, treaties and agreements between Congress and the executive branch are similar in substance and their use could be motivated solely by circumstances that are not relevant to the substantive characteristics of the agreement. It is therefore instructive to postpone the empirical focus and ask whether the use of the treaty is related to a different outcome from the agreement reached between Congress and the executive. . . .
Concepts Of Executive Agreement
September 15, 2021