Treaties Don't Exist
When I think of international regulation, I think treaty. But treaty doesn’t have a universal definition; whether an international agreement is called a treaty, agreement, or accord is a vibes-based decisions. Beyond that, there are forms of international cooperation that are definitely not treaties. It’s not obvious what hard choices or soft vibes will be best for AI policy, so I assembled a short list of options.
For a post about international treaties, this post takes a pretty US-centric approach. Sorry about that. If anyone can speak to the internal process for international cooperation in another country, please share.
Treaties
Psych: treaty has an extremely strict definition within the US. Treaties are things ratified by a ⅔ majority in the senate using the procedure the constitution lays out for international treaties. Anything else is, from the perspective of the US, a sparkling international agreement.
From 1946-1999, 94% of international agreements the US completed were sparkling, rather than treaties. My impression is it’s even more now.
The most recently ratified treaty I (and by I I mean Claude) found was a tax treaty with Chile, ratified in 2023. It was originally signed in 2010, which might give us a hint as to why this procedure isn’t used very often.
Sparkling International Agreements
If the president doesn’t want to try for the impossible ⅔ majority required by a proper treaty, he has a few options. He can fiat declare US agreement by issuing an executive order (called an Executive Agreement), or can put the agreement to Congress and use the procedure for passing laws with a simple majority (called a Congressional-Executive Agreement). This has the same standing in international law as ratification.
NAFTA was passed by Congressional-Executive Agreement.
Interagency Networks
Federal agencies can choose to cooperate with agencies in other countries without any of the three estates giving them explici