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dc.contributor.authorHathaway, Oona
dc.contributor.authorBradley, Curtis A.
dc.contributor.authorGoldsmith, Jack
dc.date.accessioned2023-10-20T15:17:56Z
dc.date.available2023-10-20T15:17:56Z
dc.date.issued2023
dc.identifier.citationBradley, Curtis, Jack Landman Goldsmith, and Oona A. Hathaway. "The Rise of Nonbinding International Agreements: An Empirical, Comparative, and Normative Analysis." University of Chicago Law Review 90 (2023).en_US
dc.identifier.urihttp://hdl.handle.net/20.500.13051/18352
dc.description.abstractThe treaty process specified in Article II of the Constitution has been dying a slow death for decades, replaced by various forms of "executive agreements." What is only beginning to be appreciated is the extent to which both treaties and executive agreements are increasingly being overshadowed by another form of international cooperation: nonbinding international agreements. Not only have nonbinding agreements become more prevalent, but many of the most consequential (and often controversial) U.S. international agreements in recent years have been concluded in whole or in significant part as nonbinding agreements. Despite their prevalence and importance, nonbinding agreements have not traditionally been subject to any of the domestic statutory or regulatory requirements that apply to binding agreements. As a result, they have not been centrally monitored or collected within the executive branch, and they have not been systematically reported to Congress or disclosed to the public. Recent legislation addresses this transparency gap to a degree, but substantial gaps remain. This Article focuses on the two most significant forms of nonbinding agreements between U.S. government representatives and their foreign counterparts: (1) joint statements and communiques; and (2) formal nonbinding agreements. After describing these categories and the history of nonbinding agreements and their domestic legal basis, the Article presents the first empirical study of U.S. nonbinding agreements, drawing on two new databases that together include more than three thousand of these agreements. Based on this study, and on a comparative assessment of the practices and reform discussions taking place in other countries, the Article considers the case for additional legal reforms.en_US
dc.publisherUniversity of Chicago Law Reviewen_US
dc.subjectInternational obligations; Law reform; Transparency in government; Databases; Acquisition of dataen_US
dc.titleThe Rise of Nonbinding International Agreements: An Empirical, Comparative, and Normative Analysisen_US
rioxxterms.versionNAen_US
rioxxterms.typeJournal Article/Reviewen_US
refterms.dateFOA2023-10-20T15:17:57Z
refterms.dateFirstOnline2023


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