John Yoo (University of California at Berkeley School of Law) has posted Rational Treaties: Article II, Congressional-Executive Agreements, and International Bargaining (Cornell Law Review, Vol. 97, No. 1, 2011) on SSRN. Here is the abstract:
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This paper examines the continuing difference between the Constitution’s Article II treaty, and the congressional-executive agreement’s statutory process, to make international agreements. Rather than approach the problem from a textual or historical perspective, it employs a rational choice model of dispute resolution between nation-states in conditions of weak to little enforcement by supranational institutions. It argues that the choice of a treaty or congressional-executive agreement can make an important difference in overcoming various difficulties in bargaining that arise from imperfect information and commitment problems.
Highly recommended.