American Society of International Law, August 24, 2011 by Oona A. Hathaway and Amy Kapczynski
http://www.asil.org/insights110824.cfm
The Anti-Counterfeiting Trade Agreement promises to establish a new international legal framework for intellectual property rights enforcement. Yet it appears poised to have a less-expected and perhaps unintended effect: concluding ACTA as a sole executive agreement is in substantial tension with existing principles of presidential power to make international law and could set a precedent for more expansive use of sole executive agreements.