آخر تحديث - 8 ديسمبر 2020
It is possible to understand this ambiguity in the empirical results by observing that previous studies all follow a similar approach. The researcher analyzes the environment in which an international agreement has been reached and attempts to identify models that help predict the type of instrument used. If the model corresponds to a motivation that places different importance on the treaties and executive agreements of Congress, it is proof that these instruments differ in their quality. Thus, Martin concludes that contracts are used when the partner country has a high GDP per capita, that contracts are preferred when the stakes are high, and that they must therefore be more reliable engagement mechanisms than agreements between Congress and the executive branch. Similarly, Hathaway concludes that few commercial contracts are concluded, that the decision to use the treaty must be driven by historic conventions that have made the agreement between Congress and the executive attractive for trade negotiations. When I was a permanent CEO, I found my employment contract an incredibly useful tool. In my last role as Chief Executive, I never felt that this job was great – even though we increased the budget by 25% during the Great Recession and increased the organization`s presence from 28 to 42 counties. Slowly, I brought my concern to the chair of the board of directors and suggested that I may not be the right person to lead the organization. While the board did not want me to leave, I planned my departure at the end of my contract.
I left the organization with a sense of good about the work I had done and knowing that I was fulfilling my obligations to the organization. You had the advantage of resigning without notice. It was a win-win situation. Let me make it clear that I have a strong opinion on this – I think any organization that deals with stability and continuity should have an employment contract with its CEO. If you`re a general manager who reads this, I`ll preach to the choir. However, if you sit on a board of directors that is reluctant to give a contract to the GENERAL Manager, that position is for you. 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). While some doctrinal criticism persists about the widespread application of the congressional executive agreement in place of the treaty, footnote 34 is now the prevailing view that treaties and executive agreements in Congress legally replace the vast majority of agreements under national law.
Footnote 35 This view is also reflected in Restatement (Third) of the Foreign Relations Law of the United States. Footnote 36 The American Law Institute notes that 80 Hathaway combines several sources, resulting in a total of 3,119 agreements over the 1980-2000 period.