Which Of The Following Statements Is True About The Modern Use Of Treaties And Executive Agreements
For more information on the Senate`s role in drafting treaties and other international agreements, download the study Treaties and Other International Agreements: The Role of the United States Senate, prepared by the Congressional Impartial Research Service for the Senate Foreign Relations Committee. 105 For example, heinOnline`s library of American treaties and agreements provides access to the full text of a large number of international agreements. Many scholars are skeptical of using two seemingly similar policy instruments to conclude international agreements, with most critics of the treaty for its alleged rigidity and lack of relevance. Criticism of the treaty is not new and dates back at least to the 1940s. Footnote 3 Meanwhile, the discussion focused on whether it is permissible to use the two instruments interchangeably, with particular emphasis on constitutional limits to replace agreements between Congress and the executive branch with treaties. Over time, however, it became clear that neither the courts nor the State Department have shown much concern about the delineation of constitutional limits on the interchangeability of the two duty devices. Footnote 4 Take, for example, former U.S. State Department Advisor Harold Koh, who suggests that there are only two reasons why the State Department uses treaties: community in Congress and the “powerful political message” sent to the world through the treaty ratification process. As for the interchangeability of instruments, Koh considers it to be of the “long-standing” view that it is constitutionally permissible to use agreements between Congress and the executive branch instead of the treaty. Footnote 5 Future research could address this limitation by sorting agreements at a more detailed level than can be relied on FIT data. A particularly promising approach could result from a detailed analysis of the content of individual agreements. Analysis of the text of the agreements would allow researchers to distinguish, for example, between bilateral tax treaties for the avoidance of double taxation, which are often concluded in the form of agreements, and other types of tax treaties. There are databases relevant to the conduct of such studies, footnote 105, but it has not yet been possible to read and categorize several thousand international agreements in a coherent manner.
Recent advances in computer-aided text analysis could prove fruitful in overcoming this limitation. In fact, researchers have already begun to use textual analysis to assess a limited number of international agreements, such as.B. preferential trade agreements Footnote 106 or bilateral investment treaties, footnote 107 and the same methodology can be used to examine international agreements on a larger scale. Particularly promising methods are thematic modeling and clustering, which allow the researcher to define an unlimited number of categories in which a document should be grouped according to its textual content. This method would allow for automated and granular categorization of international agreements. A more nuanced categorization achieved through such an analysis could further influence our understanding of the treaty`s role and the possible consequences that an exit from the treaty would have on the landscape of U.S. international agreements. For Hathaway, the treaty is a less reliable instrument and should be abandoned in favor of the Congress-Executive agreement. Their claim sparked a substantive discussion among learners of international law. For example, the online companion of the American Journal of International Law published in 2014 as The End of Treaties? Several essays by prominent scientists and State Department officials discussing whether the treaty will have its place in the future of the United States.