82 Hathaway, supra note 1, at 1259 (“[S]eparating executive agreements that are congressionally authorized from those that are not required a akribisch search for authorizing legislation. In order to determine whether an agreement is an agreement between Congress and the executive branch, it is necessary to go through The Statutes of Large before the effective date of the agreement for terms related to this topic. It is then necessary to read each statute to determine whether it actually approves the relevant international agreements. (Footnote omitted). 104 However, remember that the inclusion of solid objects does not result in major changes in coefficients. For more nuanced selection effects to fully explain the results, it would have to be assumed that the selection effects within the category are more important than the selection effects between the categories, for example, that the average difference between two tax treaties explains more differences than the average difference between a tax agreement and an arms control agreement. This article is based on an analysis of the survival period and shows that contracts are more sustainable obligations than executive agreements. In particular, there was a 15% probability that a standard contract concluded in 1982 failed until 2012, compared to a 50% probability that it would fail as an executive contract. The results are consistent with the fact that treaties remain an important political 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 branch. 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. Dictum in Garamendi acknowledges some of the issues that may be raised about Zschernig. The Zschernig court did not determine which language in the Constitution and commentators have determined that a respectable argument can be made that the Constitution does not require general action to prevent foreign policy not related to the supremacy clause, and broader than and independently of the specific prohibitions of the Constitution510 and the granting of power.511 The Garamendi Court raised “a fair question of whether respect for executive external relations required a categorical choice between the opposing theories of the field. and the conflicts that arise in Zschernig`s expertise. Instead, Justice Souter told the Court, a pre-purchase opportunity on the ground might be appropriate if a state legislates “simply without claiming a foreign policy without seriously claiming traditional state responsibility,” and the pre-purchase conditions of conflict could be appropriate when a state legislates in a traditional area of responsibility , “but in a way that influences external relations.” 512 We must wait for further litigation to ascertain whether the Court applies this distinction.513 30 Cf. McClure, note 3, 4, 247 (the finding that 1,200 out of 2,000 agreements were concluded as executive agreements of Congress, using this as a basis for promoting the legitimacy of their use); See also Wright, Quincy, The United States and International Agreements, 38 AJIL 341, 354 n.