November 18, 2008
Hathaway on Executive Agreements over Treaties
Professor Oona Hathaway (Boalt Hall) just published an ACS issue brief titled The Case for Replacing Article II Treaties with Ex Post Congressional-Executive Agreements. (The brief is adapted from her 20008 article Treaties' End: The Past, Present, and Future of International Lawmaking in the United States in the Yale Law Journal.)
Hathaway argues for the use of "ex post Congressional-Executive Agreements"--"approved by both houses of Congress after they are negotiated by the President"--over Article II treaties, because they are more democratic (as passed by a bare majority in both houses) and because "they are more likely to be enforced and because they can be more difficult for a single branch of government to unilaterally undo."
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