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The Application of International Law by the Court of Justice of the European Union  

Mario Mendez

Print publication date:
Jun 2019
Online publication date:
Jun 2019
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 ... More

Comparative Foreign Relations Law: A National Constitutions Perspective  

Tom Ginsburg

Print publication date:
Jun 2019
Online publication date:
Jun 2019
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 ... More

A Comparative Foreign Relations Law Agenda: Opportunities and Challenges  

Oona A. Hathaway

Print publication date:
Jun 2019
Online publication date:
Jun 2019
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 ... More

The Constitutional Allocation of Executive And Legislative Power Over Foreign Relations: A Survey  

Jenny S. Martinez

Print publication date:
Jun 2019
Online publication date:
Jun 2019
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 ... More

Constitutionalism and Internationalism: U.S. Participation in International Institutions  

Paul B. Stephan

Print publication date:
Jun 2019
Online publication date:
Jun 2019
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 ... More

Crown and Foreign acts of State Before British Courts: Rahmatullah, Belhaj, and the Separation of Powers  

Eirik Bjorge and Cameron Miles

Print publication date:
Jun 2019
Online publication date:
Jun 2019
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 ... More

The Current Practice of Making and Applying International Agreements in Japan  

Tadaatsu Mori

Print publication date:
Jun 2019
Online publication date:
Jun 2019
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 ... More

Decisions in Japan to use Military Force or Participate in Multinational Peacekeeping Operations  

Tadashi Mori

Print publication date:
Jun 2019
Online publication date:
Jun 2019
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 ... More

Democracy  

Günter Frankenberg

Print publication date:
May 2012
Online publication date:
Nov 2012
Democracy has oscillated between individualist, collectivist, and organicist notions since the revolutionary era. Similarly, throughout history, democratic movements have agonized over ... More

The Domestic Application of International Law in British Courts  

Shaheed Fatima

Print publication date:
Jun 2019
Online publication date:
Jun 2019
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 ... More

The Domestic Application of International Law in Canada  

Gib van Ert

Print publication date:
Jun 2019
Online publication date:
Jun 2019
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 ... More

Domestic Application of International Law in Latin America  

René Urueña

Print publication date:
Jun 2019
Online publication date:
Jun 2019
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 ... More

Engagement and Disengagement with International Institutions: The U.K. Perspective  

Paul Craig

Print publication date:
Jun 2019
Online publication date:
Jun 2019
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 ... More

Executive Power in Foreign Affairs: The Case for Inventing a Mexican Foreign Relations Law  

Alejandro Rodiles

Print publication date:
Jun 2019
Online publication date:
Jun 2019
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 ... More

Federalism and Foreign Affairs in Canada  

Charles-Emmanuel Côté

Print publication date:
Jun 2019
Online publication date:
Jun 2019
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 ... More

Federalism and Foreign Affairs in India  

Anamika Asthana and Happymoon Jacob

Print publication date:
Jun 2019
Online publication date:
Jun 2019
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 ... More

Five Conceptions of the Function of Foreign Relations Law  

Campbell McLachlan

Print publication date:
Jun 2019
Online publication date:
Jun 2019
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 ... More

Foreign Affairs Federalism in Switzerland  

Roland Portmann

Print publication date:
Jun 2019
Online publication date:
Jun 2019
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 ... More

Foreign Affairs Federalism in the European Union  

Robert Schütze

Print publication date:
Jun 2019
Online publication date:
Jun 2019
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 ... More

Foreign Affairs Federalism in the United States  

Ernest A. Young

Print publication date:
Jun 2019
Online publication date:
Jun 2019
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 ... More

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