When Are Executive Agreements Used

The latter draws the attention of all senators to the approval of the agreement itself and does not directly link its success to other political implementations in the future. It is therefore unclear whether ex-post agreements between Congress and the executive branch could systematically offer the same benefits that the treaty grants. As mentioned earlier, empirical analysis can only provide a meaningful answer to this question if the ex-post agreement between Congress and the executive branch is respected more frequently and in a wider variety of areas. 106 Alschner, Wolfgang, Seiermann, Julia & Skougarevskiy, Dmitriy, Text of Trade Agreements (ToTA) – A Structured Corpus for the Text as Data Analysis of Preferred Trade Agreements, 15 J. Empirical Legal Stud. 648 (2018) (describes the creation and subsequent analysis of a database of 448 preferential trade agreements). Table 4 presents the results of the Cox proportional risk model. Model (1) contains only the contract indicator. It can be seen as a simple descriptive comparison of the sustainability of contracts and all executive arrangements, without taking into account other characteristics. Model (2) contains fixed effects for the president and the department. They indicate the average difference in sustainability, since two agreements were concluded by the same President and in the same thematic area. Model (3) also contains effects specific to this region. Footnote 99 If the choice between executive agreements and treaties was the result of historical dependence of no substantial relevance in the present, then there should be no difference in the sustainability of treaties and executive agreements if all these characteristics are held constant.

The contractual coefficient should therefore be low and statistically insignificant.