지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
Treaties and congressional executive agreements are two methods by which the United States enters into binding international agreements. Each instrument has been used since the earliest days of the Constitution, but there is confusion concerning the substantive appropriateness of each form. This confusion is compounded by the fact that the text of the U.S. Constitution is silent regarding the substantive differences between the two instruments. Another consideration is the fact that there is debate concerning a modern movement advocating the interchangeability of congressional executive agreements for treaties.
Despite the confusion, textual silence, and scholarly debate, the historical record indicates a consistency in use. This article shows that the choice of instrument (treaty or congressional executive agreement) is fairly predictable based on the subject matter or topic of the proposed agreement. This predictability results from consistent historical practice and modern preferences.
In examining each form, this article reviews the relevant procedures and history behind each instrument. Because there is no clear rule concerning the proper subject matter for each method, this article also looks at the particular patterns of usage and explore the defining moments that have shaped the modern usage of each form.
By understanding the various facets of treaties and congressional executive agreements is an essential element in making sense of the various instruments used by the United States to make international agreements.
목차
등록된 정보가 없습니다.
참고문헌 (20)
참고문헌 신청
/ 1934 / The Records of the Federal Convention of 1787 / Yale University Press
Ackerman, Bruce / 1995 / Is NAFTA Constitutional? / Harvard Law Review 108 (4)
Clark, Bradford R / 2007 / Domesticating Sole Executive Agreements / Virginia Law Review 93 (7)
Corwin, Edward S / 1944 / The Constitution and World Organization / Princeton University Press
Dalton, Robert E / 2005 / National Treaty Law and Practice: United States, In National Treaty Law and Practice / Martinus Nijhoff Publishers
Ackerman, Bruce / 1995 / Is NAFTA Constitutional? / Harvard Law Review 108 (4)
Clark, Bradford R / 2007 / Domesticating Sole Executive Agreements / Virginia Law Review 93 (7)
Corwin, Edward S / 1944 / The Constitution and World Organization / Princeton University Press
Dalton, Robert E / 2005 / National Treaty Law and Practice: United States, In National Treaty Law and Practice / Martinus Nijhoff Publishers
이 논문의 저자 정보
최근 본 자료
댓글(0)
0