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. If, for example, this study indicates that the absolute number of commercial contracts is greater than that of environmental contracts, there are also more trade executive agreements than environmental executive agreements. In fact, 20 out of 216 environmental agreements are concluded in the form of contracts, or 9%. However, only 35 of the 783 trade agreements are treaties, representing a smaller share of 4%. Therefore, contracts can indeed be a more important instrument of engagement for environmental agreements than for trade, even if the absolute figures suggest otherwise. 97 See Panayiota, Alexandropoulos, Enforceability of Executive Congressional Agreements in Lieu of an Article II Extradition Treaty: Elizaphan Ntakirutimana v. Janet Reno, 45 Vill. L.
Rev. 107, 113-14 (2000) (on the grounds that the Valentine Supreme Court has clearly established the legality of an extradition under an executive agreement); see also Klarevas, Louis, The Surrender of Alleged War Criminals to International Tribunal: Examining the Constitutionality of Extradition via Congressional-Executive Agreement, 8 UCLA J. Int`l. For. Aff. 77, 107 (2003) (other cases in support of Valentine`s interpretation that she authorized extradition on the basis of an executive agreement). Now let`s look at the case of executive agreements alone. As noted above, the TIF does not distinguish between the executive agreements of Congress, although the estimated share of the first agreements is between 5 and 6% of all agreements. To take into account the fact that some international instruments are exclusive executive agreements that should be excluded from the analysis, this study uses a sensitivity analysis. Footnote 102 While language implies that Congress approves the globe agreement, it is difficult to read an explicit authorization in the statute.
In addition, the reproduced part of the act is the only time globe is mentioned and contains a total of 97 words. However, the entire legislation is more than 10,000 words long and was passed by a single roll-call vote in the House of Representatives and the Senate. Footnote 111 Even if it were read as an ex-post authorization from GLOBE, the authorisation text would represent less than 1% of the total text of the law. Outside of trade, provisions like this, in which ex-post-congress executive agreements are supposed to be approved as a small part of a broader legislative package, are the rule, not the exception. Footnote 112 The result is an authorisation procedure that is remarkably different from the contract consultation and approval procedure.