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The Difference Between A Treaty And An Executive Agreement

The results of a proportional cox regression of survival duration on a contract indicator and several covariates. Standard errors are grouped by appointment. Figure 4: Barak Obama and Hamid Karzai on their 2012 Executive Agreement A treaty is an international agreement that is governed in writing and by international law between two or more sovereign states, whether inscribed in a single instrument or in two or more related instruments. Treaties have many names: conventions, agreements, pacts, pacts, charters and statutes, among others. The choice of name has no legal value. Contracts can generally be categorized into one of two main categories: bilateral (between two countries) and multilateral (between three or more countries). Figure 3 shows that there is a 14% probability for an agreement at the end of the observation period, provided it is in effect 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.

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. Figures 1 and 2 show histograms showing the number of executive agreements and contracts distributed per year by the undersigned president. The figures show that the total number of agreements peaked in 1985 and subsequently decreased. The relative share of treaties in all agreements was the largest in 2010: 28% of contracts were concluded in the form of a contract. However, most of these contracts were signed before the Obama administration. Indeed, during the observation period, President Obama made fewer agreements than any other president, a finding previously observed by other scholars. Footnote 93 Meanwhile, agreements signed under President Clinton represent the highest percentage of contracts (7.6%).

Together, this means that the implementation of the treaty with the President is different, although executive agreements are by far the widely used instrument in all administrations. The purpose of a treaty is different in all areas of international relations, such as peace, trade, independence, reparations, territorial borders, human rights, immigration, etc. between the parties concerned. On the other hand, the purpose of an executive agreement is political negotiation with other nations, and most of the time heads of government conclude executive agreements on trade, etc. This is therefore a difference between the contract and the executive agreement. 106 Alschner, Wolfgang, Seiermann, Julia – Skougarevskiy, Dmitriy, Text of Trade Agreements (ToTA) – A Structured Corpus for the Text as Data Analysis of Preferential Trade Agreements, 15 J. Empirical Legal Stud. 648 (2018) (describes the creation and analysis of a database containing 448 preferential trade agreements). Agreements can be reached between two sovereign states (governments) and between states and international organizations or between international organizations, while executive agreements are concluded only between heads of government of two or more states/nations.

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