A treaty is an international agreement concluded in writing between two or more sovereign States and subject to international law, whether enshrined in a single legal act or in two or more related instruments. Treaties have many names: conventions, agreements, alliances, pacts, charters and statutes, among others. The choice of name has no legal significance. Contracts generally fall into one of two broad categories: bilateral (between two countries) and multilateral (between three or more countries). 30 Cf. McClure, note 3, 4, 247 (note 1,200 agreements on 2000 were concluded as agreements between Congress and the executive and, on this basis, to find a basis to legitimize their use); See also Wright, Quincy, The United States and International Agreements, 38 AJIL 341, 354, n. 62 (1944) (reversal of earlier opinions based on “congressional and executive practice”); Ackerman, Bruce &Golove, David, Is ALENA Constitutional?, 108 Harv. == 799, 868 (1995) (shows how McClure`s account makes consistent practice a necessary and sufficient condition for interchangeability. Even the discussion of Wright`s changing point of view.). See in general McDougal, Myers S. & Lans, Asher, Treaties and Congressional Executive Agreements or Presidential Agreements: Interchangeable Instruments of National Policy: I, 54 Yale L.J. 181 (1945); McDougal, Myers S. &Lans, Asher, Treaties and Congressional Executive Agreements or Presidential Agreements: Interchangeable Instruments of National Policy: II, 54 Yale L.J.
534 (1945) (arguing that a need for flexibility justifies the perfect interchangeability of congressional contracts and executive agreements). So far, the analysis has not distinguished between different types of executive agreements. However, there are important differences between these instruments, although these differences have not been sufficiently taken into account in the empirical research conducted so far in this area. Ex-post agreements between Congress and the executive must be approved by Congress on the individual agreement. Martin`s theory implies that this requirement of individual consent can reduce the difference in costs compared to a contract. In addition, single executive agreements are very different political instruments that fall entirely within the power of the president and do not require legislative participation. It may therefore be reasonable to argue that single executive agreements should be omitted from the analysis. These two issues are being addressed gradually. In an attempt to answer this question, scientists have made several hypotheses about the contemporary role of the treaty. These can be divided into two categories: first, there are assumptions that underpin the idea that treaties have no independent value as a political instrument.
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