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Vol 21 No 11 Nov/Dec 2016

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Foreign Relations Law


ISBN13: 9780521728508
Published: July 2016
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2014)
Price: £50.00
Hardback edition , ISBN13 9780521899857



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What legal principles govern the external exercise of the public power of states within common law legal systems? Foreign Relations Law tackles three fundamental issues: the distribution of the foreign relations power between the organs of government; the impact of the foreign relations power on individual rights; and the treatment of the foreign state within the municipal legal system.

Focusing on the four Anglo-Commonwealth states (the United Kingdom, Australia, Canada and New Zealand), McLachlan examines the interaction between public international law and national law and demonstrates that the prime function of foreign relations law is not to exclude foreign affairs from legal regulation, but to allocate jurisdiction and determine applicable law in cases involving the external exercise of the public power of states: between the organs of the state; amongst the national legal systems of different states; and between the national and the international legal systems.

Subjects:
Constitutional and Administrative Law, Public International Law
Contents:
Part I. Sources:
1. Function
2. Development
3. Interaction between international and national law

Part II. The Foreign Relations Power:
4. Executive
5. Legislature
6. Judiciary

Part III. Foreign Relations and the Individual:
7. Civil claims against the State
8. Human rights claims
9. Diplomatic protection

Part IV. The Foreign State:
10. Personality and representation
11. The claimant State
12. The defendant State.