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Australia in the International Order  

Hilary Charlesworth

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter offers an account of Australia's engagement with the international legal order, through different aspects of the relationship: designing international institutions, litigating ... More

Citizenship  

Niraja Gopal Jayal

Print publication date:
Mar 2016
Online publication date:
Feb 2017
This chapter examines the question of citizenship in the Indian Constitution. It first considers the debate in the Indian Constituent Assembly over jus soli vs jus sanguinis citizenship, ... More

The Constitutionalization of Public International Law  

Erika De Wet

Print publication date:
May 2012
Online publication date:
Nov 2012
This article discusses the constitutionalization of international law, which can be summarized as an attempt to exercise legal control over politics within the international legal order ... More

Fragmentation and Constitutionalization  

Anne Peters

Print publication date:
Jun 2016
Online publication date:
Nov 2016
This chapter discusses fragmentation and constitutionalization—which are understood to be two trends in the evolution of international law. ‘Fragmentation’ has a negative connotation, and ... More

Global Administrative Law and Deliberative Democracy  

Benedict Kingsbury, Megan Donaldson, and Rodrigo Vallejo

Print publication date:
Jun 2016
Online publication date:
Nov 2016
This chapter attempts to bring ‘global administrative law’ (GAL) and democracy into conversation. It addresses two separate observations: first, that democracy currently lacks the tools to ... More

Global Environmental Governance as Administration: Implications for International Law  

Benedict Kingsbury

Print publication date:
Aug 2008
Online publication date:
Sep 2012
This article argues for the analysis of global and transnational environmental governance as administration to shed light on some important but neglected themes in international ... More

International Administrative Tribunals  

Santiago Villalpando

Print publication date:
Nov 2016
Online publication date:
Nov 2017
This chapter focuses on international administrative tribunals, which are part of the internal systems of administration of justice put into place by international organizations (IOs) to ... More

International Law  

Stephen Donaghue

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter focuses on issues associated with international treaty obligations within the Australian constitutional context. It first examines the established principle of the common law ... More

Internationalization of Constitutional Law  

Wen-Chen Chang and Jiunn‐Rong Yeh

Print publication date:
May 2012
Online publication date:
Nov 2012
This article focuses on the internationalization of constitutional law. It discusses major trends in the internationalization of constitutional law, including the incorporation of ... More

Sources of International Law in Domestic Law: Domestic Constitutional Structure and the Sources of International Law  

Ingrid B. Wuerth

Print publication date:
Oct 2017
Online publication date:
Feb 2018
This chapter takes a new approach to the much-analysed relationship between domestic and international law. It considers how global changes in domestic constitutional structures have ... More

Sources of International Law in Domestic Law: Relationship Between International and Municipal Law Sources  

Cedric Ryngaert

Print publication date:
Oct 2017
Online publication date:
Feb 2018
This chapter maintains that as both municipal and international law use legal norms to regulate social relationships, a space for inter-systemic interaction between both legal spheres ... More

The U.S. Constitution and International Law  

Vicki C. Jackson

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter examines controversies surrounding the U.S. Constitution’s relationship to international law, with particular emphasis on the separation of powers, federalism, the supremacy ... More

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