Let us now look at the case of exclusive executive agreements. As mentioned earlier, the TIF does not distinguish between exclusive agreements and congressional agreements, although the estimated share of the former is between 5% and 6% of all agreements. In order to take into account that some international instruments are exclusive executive arrangements that should be excluded from the analysis, a sensitivity analysis is used in this study. Footnote 102 112 Of the five non-trade-related acts, only one is an implementing act. The others cover a wider range of policy objectives. In addition to the Balanced Budget Advance Payments Act, 1996, see Atomic Energy Act – Exemption, Pub. L. No. 109-401, 120 Stat. 2726 (2006) (including detailed provisions that derogate from certain requirements of the Atomic Energy Act of 1954 and break down the legal framework for a proposed future agreement between the United States and India); South African Democratic Transition Support Act of 1993, Pub. L.
No. 103-149, 107 Stat. 1503 (1993) (General Act establishing United States policy towards the post-apartheid transition process in South Africa); Eastern European Democracy Support Act 1989 (SEED), Pub. L. No. 101-179, 103 Stat. 1298 (1989) (a general law with numerous provisions aimed at promoting political democracy and economic pluralism in Poland and Hungary … »). The exception is the Cooperation Agreement on the Peaceful Uses of Nuclear Energy, Pub. L.
No. 99-183, 99 Stat. 1174 (1985) (codified as 42 U.S.C. § 2156 (2000)) (approving an earlier agreement between the United States and China on the peaceful uses of nuclear energy). Executive Agreement, an agreement between the United States and a foreign government that is less formal than a treaty and is not subject to the constitutional requirement of ratification by two-thirds of the U.S. Senate. With respect to the identity of the parties, the agreements in the dataset were concluded between the United States and one or more of the 215 countries or state entities and fifty-two international organizations. Table 3 shows the twenty countries with the most agreements in the dataset. A full list of agreements by partner country can be found in the online annex. The three most common contracting parties are all Western European countries, namely France, Italy and Germany. In multilateral agreements, 20% are concluded in the form of a treaty, which is much higher than the share in bilateral relations.
101 The analysis takes account of the agreements concluded between 1982 and 2000 only to take account of the fact that ex-post agreements between the Congress and the executive branch are not identified beyond that window. Why, according to the argument, should presidents go through the slow and cumbersome process of deliberating and approving the treaty when their political goals can be more easily achieved through the use of agreements between Congress and the executive branch that are not restricted in the same way? Footnote 9 Finally, approval of the latter may be granted largely and ex ante by approval by simple majority, which allows the President to enter into various agreements approved under a single act of Congress. Footnote 10 When we see treaties today, it is for reasons that orthogonally correspond to the quality of the instrument itself, such as historical conventions or selective Senate preferences. Footnote 11 In the United States, executive agreements are internationally binding if they are negotiated and concluded under the authority of the President in foreign policy matters, as commander-in-chief of the armed forces or as a result of an earlier act of Congress. . . .