As has already been said, some of the consequences of an exit from the treaty can be mitigated by the decision made under illegitimate executive agreements in Congress. Footnote 108 The conclusions of this article cannot rule out this possibility, as the data economy excludes a comparison of the sustainability of contracts and ex-post congressional executive agreements with great confidence. Thus, the revision of all known legal authorizations between 1980 and 2000 in this study raises at least serious concerns to this effect. If you need help with contract research, visit the Help for Research page on the Georgetown University Law Library website. Or contact the Law Library`s international and foreign law department by phone (202-662-4195) or email (firstname.lastname@example.org). Students at the Georgetown Law Centre can arrange a one-on-one research consultation with a librarian. 105 For example, HeinOnlines U.S. Treaty s. Treaty s Library provides access to the full text of a large number of international agreements. With respect to the identity of the parties, the agreements were concluded in the data set between the United States and one or more of 215 countries or governmental organizations and fifty-two international organizations. Table 3 shows the 20 countries with the highest number of agreements in the data set. A full list of agreements by partner countries is included in the online schedule. The three most common contractors are all Western European countries, namely France, Italy and Germany.
In multilateral agreements, 20% is concluded in the form of a treaty, which far exceeds the share of all bilateral relations. 28 See Arthur W. Rovine, Digest of United States Practice in International Law 195 (Office of the Legal Adviser, Department of State 1974). For a general overview of the history of the U.S. agreements under the VCLT, see Frankowska, Maria, The Vienna Convention on the Law of Treaty s Course before United States Courts, 28 Va. J. Int`l L. 281 (1987).
The use of shelf life as a substitute for force of use is justified for three reasons. Let`s start with another approach to strength of engagement – the ability of an agreement to withstand shocks in the political or economic environment. Footnote 64 The likelihood of shocks increases over time, and agreements are therefore more resistant to changing circumstances, including those that take longer. Therefore, sustainability is also positively correlated with this alternative concept of use force. Second, from a purely practical point of view, the duration of a contract can be measured objectively, while the competing concept of force of engagement would require a number of subjective decisions, such as the severity of the shock and the extent to which the agreement has withstood or has not withstood external pressure. Footnote 65 Third, different theories use interchangeable bonding force and durability concepts, suggesting that both concepts can be considered substitutes. Note 66 61 Hathaway, supra note 1, at 1258 (with a table of absolute use of the contract). At the same time, the article raises new questions about the mechanism responsible for extending the validity of contracts. Empirical results suggest that a new scientific focus on this issue and on the political cost of the end of the treaty provides fertile ground for broadening our understanding of the practical impact on the United States.