To illustrate this, you should go back to the negotiations on SALT II and SORT, where Russia insisted on the implementation of a treaty of agreement between Congress and the Executive. Without the availability of the contractual instrument, it would be possible for the parties to have entered into agreements with different substantive conditions. Given that Russia would not have spent negotiating power on the type of treaty and could, on the contrary, have devoted itself entirely to the content of the agreements, it seems plausible to think that these alternative conditions could have been more favourable to Russia. Assuming that the counterparties` desire to have an instrument with the characteristics of the contract is strong enough, it may even be that, without the contract, some agreements would not have been concluded. 26 1 U.S.C 112b (a) (1979). It is important not to “fetishize” this triptych of treaties, congressional executive agreements and exclusive executive agreements. Indeed, the recent stock exchange has drawn attention to its inability to categorize two recent agreements, namely the Paris agreement on climate change and the Iran nuclear deal. See Galbraith, Jean, From Treaties to International Commitments: The Changing Landscape of Foreign Relations Law, 84 U. Chi. L. Rev.
1675 (2017); Harold H. Koh: Triptyque`s End: A Better Framework to Evaluate 21st Century International Lawmaking, 126 Yale L.J. F. 338 (2017). Given that this article looks at the substantive difference between executive agreements and treaties between 1982 and 2012 and does not address new forms of international agreements, there is little need to go beyond this traditional distinction. Table 1 presents summary statistics. As can be seen, 5% of all agreements were concluded between 1982 and 2012 in the form of a treaty, which characterizes the use of the treaty. 20% of all agreements were cancelled during the observation period. The average agreement was valid for 15.26 years. Of the agreements that are no longer in force, the average shelf life is 7.3 years.
The LPPC values are between 17 and 17, with an average value of 0.10 euros. On average, 50 per cent of Senate seats were held by the presidential party at the time the agreement was signed. In 71 percent of the agreements, the government was divided, with the White House held by one party, the Senate, the House of Representatives or both by the other. Taken together, these figures indicate that the average agreement could not have been adopted in the form of a treaty without multi-party support, making the treaty a potentially costly instrument. While language implies that Congress approves the globe agreement, it is difficult to read an explicit authorization in the statute.