Executive Orders Vs Executive Agreements

Figure 3 shows the estimated cumulative survival and hazard curves for the preferred model (5), one of which corresponds to a contract and an executive agreement. Digital koviatres have been centered around their average. For categorical variables, the most common value is used. Footnote 100 This ambiguity can be understood in the empirical results by finding that previous studies all have a similar approach. The researcher analyzes the environment in which an international agreement has been concluded and tries to identify models that help predict the nature of the instrument used. If the model is consistent with a motivation that has different meanings between treaties and agreements between Congress and the executive, this is interpreted as proof that these instruments differ in quality. Noting that contracts are used when the partner country has a high GDP per capita, Martin concludes, for example, that contracts are preferred when the stakes are high and must therefore be more reliable means of engagement than agreements between Congress and the executive. Similarly, noting that few contracts are concluded in the field of commerce, Hathaway concludes that the decision to use the treaty must be driven by historical conventions that have made the convention-executive agreement attractive for trade negotiations. For each agreement, the guide also indicates a “Senate Treaty Document Number.” This number is assigned to any contract submitted to the Senate as part of the consultation and approval procedure. Executive agreements do not obtain the Senate Treaty Document Number. 2 It is therefore possible to identify the agreement contained in the database and the agreement concluded as an executive agreement.

The results of the analysis are presented in this section. First of all, I consider the differences between treaties and executive agreements in general, without distinguishing between different types of executive agreements. I then examine whether the results change if we continue to distinguish between executive agreements, ex ante agreements between congressional and executive agreements, and ex post agreements between Congress and the executive. 67 Treaties in force: list of treaties and other international agreements of the United States (1929-2017) [hereinafter the TIF]. . . .