60 See Infra, Table 3, which shows the share of agreements concluded in the form of contracts for a number of different countries. A full list of countries is also available in Table 2 of the online schedule. Pending the adoption of implementing laws, existing domestic law on an issue that falls under an unseeredual provision remains unchanged and controls the law in the United States121 While it is clear that the non-autonomous provisions contained in international agreements do not supersede existing state or federal law, there is an important scientific debate on the distinction between self-enforcement and non-self-export provisions. , including the ability of U.S. courts to enforce and enforce it.122 Some scholars argue, that, although non-autonomous provisions do not have a private right of action, applicants may continue to invoke non-self-aggressive defensive provisions in criminal proceedings or where another source is available for redress.123 Other jurisdictions and commentators argue that non-self-progenic provisions do not create enforceable rights by law or that they do not create enforceable rights by law. have no status in national law.124 125 also refers to a «Senate Contract Number.» This number is assigned to any contract submitted to the Senate as part of the consultation and approval process. Executive agreements do not receive a contract number from the Senate. The number can therefore be used to determine which agreement is a contract in the database and what agreement has been reached in the form of an executive agreement. Another report that explains the choice of presidents between the two instruments is the «bypass hypothesis.» Note 46 Particularly prevalent in the writings of political scientists, this reasoning indicates that the president`s primary motivation for electing one instrument over the other is the president`s support for the agreement in the Senate.If an agreement is easy to get through the Senate, according to the argument, the presidents will rely on the treaty. However, if a two-thirds majority proves difficult, the president can, according to this argument, pass the congressional executive agreement without significant consequences.
There are also other difficulties, perhaps deeper, with the descriptive results. Hathaway`s main empirical guide is the comparison of contracts by theme. It notes that there are 27 trade agreements and only 8 environmental contracts, indicating that contracts are more important in trade than in the area of environmental protection. Footnote 61 Such a comparison of absolute numbers may be misleading, however, as it does not take into account the total number of agreements concluded in an area of expertise.