The table shows the coefficient on the contract indicator for different model specifications. “Ex Post” compares contracts to ex-post congressional executive agreements. “Other” compares contracts with other executive agreements. A second limitation of the data is that it is not able to identify the only reference agreements. This is important because the question of whether the executive agreement should replace the treaty in its entirety is raised only from the perspective of agreements between Congress and the executive branch; it is generally accepted that executive agreements are very different political instruments, which fall under the presidential power and do not require legislative participation. Footnote 81 The reason for the inability to individually identify exclusive executive agreements is that neither TIF nor the executive agreements themselves indicate their licensing rules. Therefore, the identification of exclusive executive agreements would require a search for licensing laws for each executive convention in the Broad Statute, a process that requires an unenforceable workforce and cannot simply be automated. However, previous studies have shown that the share of single executive agreements is minimal, with an estimated share of 5% to 6% in all international agreements. Footnote 83 The analysis below deals with this restriction through a conservative estimation method. Footnote 84 30 See McClure, p. 3, 4, 247 (noting that 1,200 out of 2,000 agreements have been concluded as executive agreements of Congress and that this serves as the basis for promoting a basis for legitimizing their use); see also Wright, Quincy, The United States and International Agreements, 38 AJIL 341, 354 n. 62 (1944) (reversal of previous opinions based on the “practice of Congress and the Executive”); Ackerman, Bruce Golove, David, IS NAFTA Constitutional?, 108 Harv.
L. Rev. 799, 868 (1995) (shows how McClure`s account makes coherent practice a necessary and sufficient condition for interchangeability. Even on Wright`s change of mind.). See Generally McDougal, Myers S. – Lans, Asher, Congressional Contracts and Executive Agreements or Presidential Agreements: Interchangeable Instruments of National Policy: I, 54 Yale L.J.