66 Martin, supra note 15, at 448 ("Sometimes U.S. allies call for long-standing executive agreements to be turned into formal treaties explicitly stating that such changes would signal long-term U.S. commitment." Yoo, supra note 16, with 41 ("[T] his reading of the Constitution removes from the nation`s toolbox an instrument that ... the most sustainable international agreements." Hathaway, supra note 1, at 1316 ("[T]he bar in Congress is generally higher for Article II treaty - which might be thought to create a stronger assurance of political durability."). 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). In total, the data set contains 7,966 agreements. Each agreement is monitored once a year once a year, as long as it is in force, and once it ends, resulting in a total of 129,518 observations per year and by agreement.
The Case-Zablocki Act of 1972 requires the President to notify the Senate within 60 days of an executive agreement. The president`s powers to conclude such agreements have not been restricted. The reporting requirement allowed Congress to vote in favor of repealing an executive agreement or to refuse funding for its implementation.   While some doctrinal criticism persists regarding the widespread application of the executive agreement of Congress instead of the treaty, footnote 34 is today the prevailing view that treaties and executive agreements of Congress serve as legal substitutes for the domestic law of the vast majority of agreements. Footnote 35 This view is also reflected in Restatement (Third) of the Foreign Relations Law of the United States. Footnote 36 The American Law Institute notes that the fact that the guide contains a list of contracts indexed in TIF in the year prior to publication, but which are no longer indexed thereafter, is of paramount importance for this analysis. The guide helps to identify the agreements that have been removed from the TIF and the year of the deletion. The U.S.
State Department considers that an agreement that is on the previous year`s tIF list but is not listed this year is no longer in effect by the State Department. The footnote 70 deletions is based on one of four reasons, although the TIF does not indicate the reason for a particular deletion. These grounds apply (1) on the basis of the terms of the contract; (2) termination; (3) replacement with another agreement; or (4) termination. Footnote 71 The United Nations Participation Act of 20 December 1945 implements these provisions as follows: "The President is authorized to negotiate with the Security Council a special agreement or agreement subject to congressional approval by a joint law or resolution providing for the number and types of armed forces , their level of preparedness and their general location. , including transit rights that must be made available to the Security Council at its request to maintain international peace and security, in accordance with Article 43 of this Charter.