Non-Binding Agreements
Borderlines10 Nov 2021

Non-Binding Agreements

Thousands of non-binding agreements are shrouded in secrecy. A handful of publicly debated agreements - the Paris Climate Accords, the Iran Nuclear Deal or the Global Tax treaty – were made non-binding precisely to avoid a vote in Congress. Chicago Professor Curt Bradley, Harvard Professor Jack Goldsmith and Yale Professor Oona Hathaway sued the departments of State, Defense, and Homeland Security to find out what else the executive branch, and its many agencies, have negotiated. In comprehensive empirical work, they explain why greater transparency and accountability is needed not only for binding executive agreements, but also for non-bindings. For example, Congress does not know what exactly the Trump administration agreed with the governments of Guatemala, Honduras, and El Salvador in agreements that likely dump responsibility for refugees on weak states.


Non-binding agreements are on the rise globally, and greatly influence how states act. We should reorient international law scholarship and teaching to pay greater attention to this under-explored tool.


Borderlines from Berkeley Law is a podcast about global problems in a world fragmented by national borders. Our host is Katerina Linos, Tragen Professor of International Law and co-director of the Miller Institute for Global Challenges and the Law. In each episode of Borderlines, Professor Linos invites three experts to discuss cutting edge issues in international law.


For a transcript, please visit the episode page on the Berkeley Law podcast hub.

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Episoder(44)

European Union Court of Justice Series: Interview with Advocate General Laila Medina

European Union Court of Justice Series: Interview with Advocate General Laila Medina

Episode #17 of the Borderlines CJEU Series features CJEU Advocate General Laila Medina interviewed by Professor Mark Pollack (Temple University). Before her appointment to the European Union Court of ...

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European Union Court of Justice Series: Interview with Judge Niilo Jääskinen

European Union Court of Justice Series: Interview with Judge Niilo Jääskinen

Episode #16 of the Borderlines CJEU Series features CJEU Judge Niilo Jääskinen in conversation with Professor Katerina Linos (Berkeley) and Professor Mark Pollack (Temple). Judge Jääskinen first joine...

13 Mar 42min

European Union Court of Justice Series: Interview with Advocate General Anthony Collins

European Union Court of Justice Series: Interview with Advocate General Anthony Collins

Episode #15 of the Borderlines CJEU Series features CJEU Advocate General Anthony Michael Collins in conversation with Professor Mark Pollack (Temple University). Appointed by the Member States as Adv...

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European Union Court of Justice Series: Interview with Judge Eugene Regan

European Union Court of Justice Series: Interview with Judge Eugene Regan

Episode #14 of the Borderlines CJEU Series features CJEU Judge Eugene Regan in conversation with Professor Katerina Linos. Judge Regan has served at the Court of Justice since October 2015, following ...

19 Des 202556min

European Union Court of Justice Series: Interview with Advocate General Juliane Kokott

European Union Court of Justice Series: Interview with Advocate General Juliane Kokott

Episode #13 of the Borderlines CJEU Series features CJEU Advocate General Juliane Kokott in conversation with Professor Katerina Linos (Berkeley Law) and Professor Mark Pollack (Temple University). Ap...

8 Des 202546min

European Union Court of Justice Series: Interview with Advocate General Nicholas Emiliou

European Union Court of Justice Series: Interview with Advocate General Nicholas Emiliou

Episode #12 of the Borderlines CJEU Series features CJEU Advocate General Nicholas Emiliou joining Professor Mark Pollack (Temple) in conversation. Advocate General Emiliou was appointed as an Advocat...

12 Aug 202548min

European Union Court of Justice Series: Interview with Judge Siniša Rodin

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Episode #11 of the Borderlines CJEU series features Judge Siniša Rodin in conversation with Professor Katerina Linos (Berkeley). Appointed as a Judge at the Court of Justice in 2013, Judge Rodin discu...

23 Jun 20251h 1min

Reimagining Democracy with George Papandreou

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Episode 36 of Borderlines brings former Greek Prime Minister George Papandreou into dialogue with host Professor Katerina Linos, to share visionary insights about authoritarian threats undermining glo...

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