The Application of International Law by the Court of Justice of the European Union
Mario Mendez
This chapter assesses three key strands in the case law of the Court of Justice of the European Union concerning a central dimension of foreign relations law, namely, the application of ...
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Comparative Foreign Relations Law: A National Constitutions Perspective
Tom Ginsburg
This chapter considers how comparative foreign relations law might draw on the comparative study of national constitutions, an increasingly large and vital field, and sets out an agenda for ...
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A Comparative Foreign Relations Law Agenda: Opportunities and Challenges
Oona A. Hathaway
International law is the product not only of a political and legal process that takes place between states but also of processes that take place within them. Accordingly, examining domestic ...
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The Constitutional Allocation of Executive And Legislative Power Over Foreign Relations: A Survey
Jenny S. Martinez
This chapter explores the allocation of authority between executive and legislative branch officials with respect to three areas: general foreign relations powers such as reception of ...
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Constitutionalism and Internationalism: U.S. Participation in International Institutions
Paul B. Stephan
This chapter describes and analyzes the law governing U.S. practice with respect to joining and working in international institutions. It explores the domestic and international politics ...
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Crown and Foreign acts of State Before British Courts: Rahmatullah, Belhaj, and the Separation of Powers
Eirik Bjorge and Cameron Miles
The Supreme Court of the United Kingdom undertook in Rahmatullah v. Ministry of Defence and Belhaj v. Straw to demarcate the relationship between the judiciary and the executive with ...
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The Current Practice of Making and Applying International Agreements in Japan
Tadaatsu Mori
This chapter describes the treaty-making practice in Japan, with a focus on explaining the mechanism for striking the balance between democratic control and effective management of foreign ...
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Decisions in Japan to use Military Force or Participate in Multinational Peacekeeping Operations
Tadashi Mori
This chapter describes the law in Japan governing the country’s use of military force and participation in multinational peacekeeping operations. Although Article 9 of Japan’s post–World ...
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The Domestic Application of International Law in British Courts
Shaheed Fatima
This chapter considers the use and application of international law in British courts. Consideration is given to developments that have led to the increasing use of such law and to the fact ...
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The Domestic Application of International Law in Canada
Gib van Ert
This chapter describes how public international legal norms are received into Canadian domestic law. The rules governing international law’s reception in Canada originate in British ...
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Domestic Application of International Law in Latin America
René Urueña
This chapter explores the deep interaction of Latin American constitutions with international law, and international human rights law in particular, as a contribution to the emerging field ...
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Engagement and Disengagement with International Institutions: The U.K. Perspective
Paul Craig
This chapter analyzes engagement and disengagement with international institutions from the perspective of U.K. law. The first part of the chapter considers the relevant legal rules that ...
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Executive Power in Foreign Affairs: The Case for Inventing a Mexican Foreign Relations Law
Alejandro Rodiles
In Mexico, there is no legal field known as “foreign relations law.” The legal rules and principles that regulate how the country relates to the outside world have been studied as a ...
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Federalism and Foreign Affairs in Canada
Charles-Emmanuel Côté
This chapter studies the interplay between federalism and foreign relations law in Canada. As the chapter notes, since Confederation and despite lengthy constitutional talks and the coming ...
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Federalism and Foreign Affairs in India
Anamika Asthana and Happymoon Jacob
This chapter locates India’s foreign affairs within the federal structure of the country’s constitution. As a formal matter, India’s constitution strongly favors the central government’s ...
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Five Conceptions of the Function of Foreign Relations Law
Campbell McLachlan
The comparative study of foreign relations law must first grapple with a conundrum: outside the United States, the field enjoys no wide currency or commonly accepted scope, yet the set of ...
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Foreign Affairs Federalism in Switzerland
Roland Portmann
This chapter describes the role of federalism in Swiss foreign affairs. This role is threefold. First, the Cantons have a role through their general powers in policymaking in the Swiss ...
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Foreign Affairs Federalism in the European Union
Robert Schütze
The European Union was born as an international organization. The 1957 Treaty of Rome formed part of international law, although the European Court of Justice was eager to emphasize that ...
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Foreign Affairs Federalism in the United States
Ernest A. Young
Although the American Founders intended to centralize power over foreign affairs in the national government, the modern reality is considerably more complex. To be sure, the national ...
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