79 1974 ICJ Rep. 267 (highlighted). The U.S. State Department`s instructions to U.S. diplomatic personnel regarding the criteria to be used in defining an international agreement include, “The central requirement is that the parties intend to fulfill their legal obligations, not just politically or personally. Documents that are supposed to have political or moral weight, but which should not be legally binding, are not international agreements. Airgram from the Department of State to all U.S. diplomatic posts, Mar. 9, 1976 (State Dep`t reference No. A-1394), reproduced in 1 Foreign Relations Law, supra note 19, at 15. 7 Ci.B. Restatement of the Foreign Relations Law of the United States (Revised) 305, Comment d (Tentative Draft No. 1, 1980) (hereafter cited as a restoration project) (recognizing that the Senate can agree to a contract, provided that this condition is plausible to the content or implementation of the treaty); Henkin, L., Foreign Affairs and the Constitution 133-34 (1972) Google Scholar (finding that the Constitutional Right of the Senate to impose reservations as a condition of consent is generally accepted); 14 Whiteman, M., Digest of International Law 138 (1970) Google Scholar; Note, The Reservation Power and the Connally Amendment, 11 N.Y.U.J. Int`l L.
– Pol. 323, 327 (1978) Google Scholar (according to the Senate`s practice of adding reservations to contracts at 1794). For more information on the Senate`s role in drafting contracts and other international agreements, download the study, treaties and other international agreements: The role of the U.S. Senate prepared by the Congressional Cross-Party Research Service for the Senate Foreign Relations Committee. See z.B. Garamendi, 539 U.S. at 415 (discussion of the “Executive Agreements to Settle the Rights of U.S. Nationals Against Foreign Governments” from 1799); Act of February 20, 1792, No.
26, 1 Stat. 239 (law passed by the Second Congress for the approval of post-linked executive agreements). In addition, there are many collections of free online contracts that focus on a particular jurisdiction, region or conditions. Depending on the type of contract you are researching, it may be quicker to use one of these online contract collections as a starting point rather than following the conventional four-step contract search process. This is particularly the case with major multilateral treaties and certain types of bilateral agreements, particularly bilateral investment agreements. See z.B. Louis Henkin, U.S. Ratification of Human Rights Treatys: The Ghost of Senator Bricker, 89 Am. J. Int`l L.
341, 343-44 (1995) (on the grounds that the United States is able to fully fulfill its obligations under certain human rights instruments through existing sininme laws, treaties are unnecessary and inconsistent with their purpose); Fourth restatement: design 2, supra Note 28, 105 cmt.