Other areas in which contracts are widespread are “mutual legal assistance”, agreements to prosecute cross-border crime, such as drug trafficking, money laundering and stolen passports; “taxation”, which mainly includes double taxation and tax reporting treaties; and “property”, including agreements relating to the return of stolen vehicles and the transfer of immovable property. Looking only at the thematic areas, it seems difficult to explain the use of the Treaty along a coherent dimension. For example, if we think treaties are particularly important, we might expect them to be used often in national security and defence agreements. Footnote 98 However, only 1% of defence agreements are concluded in the form of a contract. Today, crime prevention, often lower priority than national security, includes a much larger proportion of contracts. The second option is the executive agreement. Executive agreements can be divided into different types. Agreements between Congress and the executive require a simple majority in both the House of Representatives and the Senate.Footnote 21 They are used in areas where the executive does not have exclusive jurisdiction. Congressional approval can be obtained after the agreement has been negotiated, as was the case for NAFTA (North American Free Trade Agreement) at the bottom of page 22 or the Uruguay Round agreements of the General Agreement on Tariffs and Trade. Footnote 23 Footnote 23 It is much more common, however, for Congress to give broad authorization to the ex ante president in a statute. Footnote 24 First, it should be noted that the Grambsch and Therneau test was developed in the medical context, where sample sizes are typically less than one hundred, making the test insensitive to minor abnormalities.
In the case of sample size, as in this study, small confidence intervals give rise to significant p-values, even if the data show negligible anomalies. In addition to formal tests, it is therefore recommended to conduct a visual examination of Schönfeld residuens. Footnote 127 Such a visual investigation does not reveal a significant violation of the acceptance of proportionate risks for one of the koviacs of the object and a violation for only a handful of countries, typically those with which the United States has little agreement, such as Burma, Ecuador or New Caledonia. The corresponding graphs are included in the online annex. Despite these restrictions, this study helps to inform the debate about the continued relevance of the treaty. The results are consistent with the view that the treaty confers on the parties certain advantages that the agreement between Congress and the executive does not offer, which in turn results in qualitatively different agreements. Despite the decline in its use, the Treaty seems to retain an important role as a political instrument. In particular, the optimal choice between international agreements may require a presidential administration to carefully lay the strength of the commitment, the private information disclosed to the public, the national cost to the public, and the ease with which an agreement can be denounced.
Treaties and agreements between Congress and the executive reflect different trade-offs between these characteristics, and therefore abandoning the treaty can have a negative impact on the executive`s ability to reframe an agreement in a given context. As a result, policy recommendations calling for the treaty to be abandoned appear premature and may have unintended consequences. If the treaties and agreements between Congress and the executive do not differ qualitatively, it seems difficult to rationalize why negotiators sometimes show such interest in the choice of instrument. . . .