4 Chi J Intl L 19
Antonio F. Perez

This Article examines the delegalization of arms control and the question of whether the use of non-legal arms control mechanisms creates risks to democratic processes. Will a move away from arms control treaties undermine the transparency and democratic accountability of the treaty mechanism? This issue is relevant in those cases where arms control treaties function in effect as treaties of peace, alliance, or neutrality that arguably should be subject to the control of the constitutional treaty makers. The Article essentially concludes that on balance the constitutional text, structure, and history suggest that any potential democracy deficit risked by delegalization of arms control is adequately addressed through congressional participation in the arms control process. In addition, the Article concludes that the potential for a democracy deficit is outweighed by the need for a strong and energetic executive during the treaty negotiation and completion process.