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Encounters between Foreign Relations Law and International Law: Bridges and Boundaries

Edited by: Helmut Philipp Aust, Thomas Kleinlein

ISBN13: 9781108837743
Published: June 2021
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £95.00

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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.

Public International Law
1. Introduction: bridges under construction and shifting boundaries - Helmut Philipp Aust and Thomas Kleinlein
Part I. Identities and Interaction:
2. Foreign relations law as a bargaining tool? - Felix Lange
3. International foreign relations law: executive authority in entering and exiting treaties - Edward T. Swaine
4. Comparative foreign relations law between centre and periphery. liberal and postcolonial perspectives -Michael Riegner
5. Finding foreign relations law in India - Prabhakar Singh
6. Foreign legal policy as the background to foreign relations law? Revisiting Guy De Lacharrière's La Politique Juridique Extérieure - Frédéric Mégret
7. Judicial review, foreign relations and global administrative law. The administrative function of courts in foreign relations - Angelo Jr. Golia
Part II. Sovereignty and Cooperation:
8. The Conseil constitutionnel's jurisprudence on 'limitations of sovereignty' - Niki Aloupi
9. Democratic participation in international law-making in Switzerland after the 'age of treaties' - Anna Petrig
Part III. Powers and Processes:
10. A constitution made for Mandela, a constitutional jurisprudence developed for Zuma. The erosion of discretion of the executive in foreign relations - Dire Tladi
11. From Scope to process: the evolution of checks on presidential power in U.S. foreign relations law - Jean Galbraith
12. Division of competences in the field of foreign relations in the Polish constitutional system - Stanislaw Biernat
13. The role of parliaments in creating and enforcing foreign relations law. A case study of Bosnia and Herzegovina - Ajla Škrbić
14. 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
15. China and global environmental governance: coordination, distribution and compliance - Ji Hua
16. Final Reflections: The dynamic and sometimes uneasy relationship between foreign relations law and international law - Curtis A. Bradley
17. The present salience of foreign relations law - Campbell McLachlan