Encounters between foreign relations law and international law : bridges and boundaries / edited by Helmut Philipp Aust, Thomas Kleinlein.

Format:

Book

Contributor:

Aust, Helmut Philipp, 1980- editor.

Kleinlein, Thomas, editor.

Series:

Social Sciences

Language:

English

Subjects (All):

Foreign relations administration.

International law.

Physical Description:

1 online resource (xxviii, 387 pages) : digital, PDF file(s).

Place of Publication:

Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2021.

Language Note:

English

Summary:

Foreign relations law and public international law are two closely related academic fields that tend to speak past each other. As this innovative volume shows, the two are closely interrelated and depend on each other for their mutual construction and identity. A better understanding of this relationship is of vital importance for upholding important constitutional values like democracy, the rule of law and the protection of human rights, while enabling states to engage in meaningful forms of international cooperation. The book takes a close look at the encounters between the two fields and offers perspectives for a constructive engagement between the two. Collectively, the contributions argue that the delimitation between the two fields occurs in a hybrid zone of interaction which requires both bridges and boundaries: bridges for the construction of the relationship between the two fields, and boundaries for preserving key normative expectations of both domestic and international law. This title is also available as Open Access on Cambridge Core.

Contents:

Introduction : bridges under construction and shifting boundaries / Helmut Elmut and Thomas Klein

Foreign relations law as a bargaining tool? / Felix Lange

International foreign relations law : executive authority in entering and exiting treaties / Edward T. Swaine

Comparative foreign relations law between centre and periphery. Liberal and postcolonial perspectives / Michael Riegner

Finding foreign relations law in India / Prabhakar Singh

Foreign legal policy as the background to foreign relations law? : revisiting Guy de Lacharrière's La politique juridique extérieure / Frédéric Mégret

Judicial review, foreign relations and global administrative law. The administrative function of courts in foreign relations / Angelo Jr. Golia

The conseil constitutionnel's jurisprudence on 'limitations of sovereignty / Niki Aloupi

Democratic participation in international law - making in Switzerland after the 'age of treaties' / Anna Petrig

A constitution made for Mandela, a constitutional jurisprudence developed for Zuma. The erosion of discretion of the executive in foreign relations / Dire Tladi

From scope to process : the evolution of checks on presidential power in U.S. foreign relations law / Jean Galbraith

Division of competences in the field of foreign relations in the Polish constitutional system / Stanisław Biernat

The role of parliaments in creating and enforcing foreign relations law : a case study of Bosnia and Herzegovina / Ajla Škrbić

War, international law and the rise of parliament. The influence of international law on UK parliamentary practice with respect to the use of force / Veronika Fikfak

China and global environmental governance : coordination, distribution and compliance / Ji Hua

Final reflections : the dynamic and sometimes uneasy relationship between foreign relations law and international law / Curtis A. Bradley

The present salience of foreign relations law / Campbell Mclachlan.

Notes:

Title from publisher's bibliographic system (viewed on 21 May 2021).

Includes bibliographical references and index.

This work is made available as Open Access under a CC BY 4.0 license: https://creativecommons.org/licenses/by/4.0

ISBN:

1-108-95014-0

1-108-94391-8

1-108-94271-7

Access Restriction:

Open access Unrestricted online access